LAS CRUCES TV CABLE, Teleprompter Corporation, UA-Columbia Cablevision, Inc. and United Cable Television Corp., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Television Relay, Inc., Spanish International Communications Corp., Cablecom-General, Inc., Intervenors.
LAS CRUCES TV CABLE et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Television Relay, Inc., Intervenor.
LAS CRUCES TV CABLE et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
LAS CRUCES TV CABLE, Teleprompter Corporation, UA-Columbia Cablevision, Inc. and United Cable Television Corporation, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Television Relay, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 31, 1980.
Decided February 23, 1981.
Attorney(s) appearing for the Case
Joseph R. Reifer, Washington, D. C., with whom John P. Cole, Jr. and Daniel Stark, Washington, D. C., were on the brief, for petitioners.
Jane E. Mago, Counsel, F. C. C., Washington, D. C., with whom Sanford M. Litvack, Asst. Gen. Counsel, Dept. of Justice, Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., John J. Powers, III and James Laskey, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.
Julian R. Rush, Keith H. Fagan and Roberta L. Cook, Counsel, F. C. C., and Barry Grossman and Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.
Richard H. Strodel, Peoria, Ill., with whom Richard H. Streeter, Washington, D. C., were on the brief, for Intervenor, American Television Relay, Inc. in Nos. 77-1915, 79-1133 and 79-2247 only.
James A. McKenna, Jr. and Norman P. Leventhal, Washington, D. C., entered appearances for Intervenor, Spanish International Communications Corp. in No. 77-1915 only.
Thomas G. Shack, Jr. and Robert M. Foley, Baldwin, N. Y., entered appearances for Intervenor, Cablecom-General, Inc. in No. 77-1915 only.
Before McGOWAN, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Chief Judge McGOWAN.
McGOWAN, Chief Judge:
These petitions for direct review of four Federal Communications Commission orders were filed by customers of American Television Relay, Inc. (ATR),1 a microwave common carrier.2 Petitioners challenge four aspects of the FCC's exercise of its discretionary power to award refunds, pursuant...
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