WWHT, INC. and Wometco Home Theatre, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
National Basketball Association, et al., UA-Columbia Cablevision, Inc., United Cable Television Corp., Motion Picture Assoc. of America, Inc., Gill Industries and Western Communications, Inc., Telease, Inc., National Cable Television Assoc., Inc., Teleprompter Corp., Subscription Television Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 23, 1981.
Decided June 18, 1981.
Attorney(s) appearing for the Case
N. Frank Wiggins, Washington, D. C., with whom Marcus Cohn and Ronald A. Siegel, Washington, D. C., were on the brief for WWHT, Inc., et al., petitioners in Nos. 80-1613, 80-1614, 80-1647 and 80-1648.
Louis Schwartz and Lawrence M. Miller, Washington, D. C., were on the brief for Radio Broadcasting Co., petitioner in Nos. 80-1634 and 80-1635.
Benito Gaguine and Irving Gastfreund, Washington, D. C., were on the brief for Blonder-Tongue Laboratories, Inc., in Nos. 80-1636 and 80-1637.
Gregory M. Christopher, counsel, Federal Communications Commission, Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Ass. Gen. Counsel and Stanford M. Litvack, Asst. Atty. Gen., Federal Communications Commission, John J. Powers, III and Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents. Terence Mahony, counsel, Federal Communications Commission, Washington, D. C., also entered an appearance for respondent, Federal Communications Commission.
Gardner F. Gillespie, Washington, D. C., with whom Jay E. Ricks, Paul Glist and Barry Simon, Washington, D. C., were on the brief for Teleprompter Corp., intervenor in Nos. 80-1613, 80-1614, 80-1634, 80-1635, 80-1636, 80-1637, 80-1647 and 80-1648.
Robert L. Heald, David G. Rozzelle and Robert L. Pettit, Washington, D. C., were on the brief for Gill Industries and Western Communications, Inc., intervenor in Nos. 80-1613, 80-1614, 80-1636, 80-1637, 80-1647 and 80-1648.
William Weiver and Terry G. Mahn, Washington, D. C., were on the brief for Subscription Television Association, intervenor in Nos. 80-1613 and 80-1614.
Brenda L. Fox and James H. Ewalt, Washington, D. C., were on the brief for The National Cable Television Association, Inc., intervenor in Nos. 80-1613, 80-1614, 80-1634, 80-1635, 80-1636, 80-1637, 80-1647 and 80-1648.
Frederick E. Attaway, Washington, D. C., was on the brief for Motion Picture Association of America, Inc., intervenor in Nos. 80-1613 and 80-1614.
Seymour M. Chase, Washington, D. C., was on the brief for Telease, Inc., intervenor in Nos. 80-1613, 80-1614, 80-1634, 80-1635, 80-1636, 80-1637, 80-1647 and 80-1648.
Philip R. Hochberg, Washington, D. C., was on the brief for National Basketball Association, et al., intervenor in Nos. 80-1613, 80-1614, 80-1634, 80-1635, 80-1636, 80-1637, 80-1647 and 80-1648.
John P. Cole and Joseph R. Reifer, Washington, D. C., entered appearances for UA-Columbia Cablevision, Inc., et al., intervenor in Nos. 80-1613, 80-1614, 80-1634, 80-1635, 80-1636, 80-1637, 80-1647 and 80-1648.
Before ROBINSON, Chief Judge, and MacKINNON and EDWARDS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge HARRY T. EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
This case raises the questions of whether, and under what circumstances, a reviewing court may require an agency to institute rulemaking proceedings after the agency has denied a petition for rulemaking.
Petitioners in this case seek review of two orders of the Federal Communications Commission (FCC), Memorandum Opinion and Order-Signal Carriage Rules...
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