MCI TELECOMMUNICATIONS CORP. v. F.C.C.

No. 79-1119.

627 F.2d 322 (1980)

MCI TELECOMMUNICATIONS CORPORATION, Microwave Communications, Inc. and N-Triple-C Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Southern Pacific Communications Co. Aeronautical Radio, Inc. Air Transport Association of America American Telephone and Telegraph Co. State of Hawaii Computerized Automotive Reporting Service, Inc. Tele-Communications Association Western Union Telegraph Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1980.


Attorney(s) appearing for the Case

William J. Potts, Jr., Washington, D.C., with whom Michael H. Bader, Kenneth A. Cox and John M. Pelkey, Washington, D.C., were on brief, for petitioners.

Sheldon M. Guttman, Counsel, F. C. C., Washington, D.C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Asst. Gen. Counsel, F. C. C., John H. Shenefield, Asst. Atty. Gen.,* John J. Powers, III and William Coston, Attys., U.S. Dept. of Justice, Washington, D.C., were on brief, for respondents.

Charles Lister, Washington, D.C., with whom Alfred A. Green, Francine J. Berry, New York City, Edgar Mayfield, Bedminster, N. J., and F. Mark Garlinghouse, New York City, were on brief, for intervenors American Telephone and Telegraph Co.

Rosel H. Hyde, Laurel R. Bergold and Herbert E. Marks, Washington, D.C., were on brief, for intervenor State of Hawaii.

Charles R. Cutler, John L. Bartlett and James E. Landry, Washington, D.C., were on brief, for intervenor Aeronautical Radio, Inc., et al.

Thormund A. Miller, San Francisco, Cal., John V. Kenny, James M. Tobin, Stephen Ailes and Herbert E. Forrest, Washington, D.C., were on brief, for intervenor South Pacific Communications Co.

Also Robert B. Nicholson and Ron M. Landsman, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent, United States of America.

Also Joseph M. Kittner, Normal P. Leventhal and Lawrence J. Movshin, Washington, D.C., entered appearances for intervenor, Computerized Automotive Reporting Service, Inc., et al.

Also Joel Yohalem, Washington, D.C., entered an appearance for intervenor Western Union Telegraph Co.

Before ROBINSON and WALD, Circuit Judges, and JUNE L. GREEN, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

At issue here are two decisions of the Federal Communications Commission (FCC), the first1 dated August 12, 1977 and the second2 (the FCC's reconsideration of the first) November 30, 1978. Both relate to a June 2, 1976 FCC decision3 which found American Telephone and Telegraph Company's (AT&T's)...

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