W. U. TEL. CO. v. F. C. C.

Nos. 79-1352, 79-2495, 80-1030, 80-1109, 80-1155, 80-1275 and 80-1320.

665 F.2d 1112 (1981)

The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Graphnet, Inc., et al., Intervenors. The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, ITT World Communications, Inc., et al., Intervenors. The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Pacific Communications Company, et al., Intervenors. TRT TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, RCA Global Communications, Inc., et al., Intervenors. ITT WORLD COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Western Union Telegraph Company, Intervenor. WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. RCA GLOBAL COMMUNICATIONS INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, TRT Telecommunications Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1981.


Attorney(s) appearing for the Case

Joel Yohalem, Washington, D. C., with whom Peter G. Wolfe, Washington, D. C., was on the brief, for petitioner/intervenor W. U. Tel. Co.

Lawrence W. Secrest, III, Washington, D. C., with whom Robert E. Conn, New York City, Howard D. Polsky, Washington, D. C., and Robert Michelson, New York City, were on the brief, for petitioner Western Union International, Inc.

H. Richard Schumacher, New York City, with whom Donald J. Mulvihill, Washington, D. C., was on the brief, for petitioner/intervenor RCA Global Communications, Inc.

John E. Ingle, Deputy Associate Gen. Counsel, Federal Communications Commission, Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, David J. Saylor, Deputy Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Federal Communications Commission, and Stanford M. Litvack, Asst. Atty. Gen., Barry Grossman, Robert B. Nicholson, Andrea Limmer, and Margaret G. Halpern, Attys., U. S. Dept. of Justice, Washington, D. C., were on the brief, for respondents.

John A. Ligon, New York City, was on the brief for petitioner/intervenor ITT World Communications, Inc.

Edward P. Taptich and Stanford B. Weinstein, Washington, D. C., were on the brief for intervenor Graphnet, Inc.

H. Richard Schumacher, New York City, Donald J. Mulvihill, and Gerald J. Brown, Washington, D. C., were on the brief for intervenor RCA Global Communications, Inc.

E. Edward Bruce and William P. Mayer, Washington, D. C., entered appearances for petitioner/intervenor TRT Telecommunications Corp.

James M. Tobin and John V. Kenny, Washington, D. C., entered appearances for intervenor Southern Pacific Communications Co.

Michael H. Bader, Kenneth A. Cox, William J. Byrnes, and John M. Pelkey, Washington, D. C., entered appearances for intervenor MCI Telecommunications Corp.

Joseph J. Jacobs, New York City, entered an appearance for intervenor ITT World Communications, Inc.

Before BAZELON, Senior Circuit Judge, and TAMM and MIKVA, Circuit Judges.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

We address in this opinion petitions of certain international record carriers (IRCs) and the Western Union Telegraph Company (WU) requesting review of two decisions adopted by the Federal Communications Commission (FCC or Commission) in its recent efforts to obtain for communications customers the benefits of a competitive market structure. In Docket No. 79-1352, WU seeks reversal of the...

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