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  5. 665 F.2d 1126 (1981)
 

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

Nos. 79-2494, 79-2496, 80-1196, 80-1240, 80-1276 and 80-1277.

665 F.2d 1126 (1981)

The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, ITT World Communications, Inc., Western Union International, Inc., RCA Global Communications, Inc., Trans-Lux Corporation, Intervenors (2 Cases). The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Graphnet, Inc., Trans-Lux Corporation, RCA Global Communications, Inc., Intervenors. The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Trans-Lux Corporation, RCA Global Communications, Inc., Intervenors. TRT TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, RCA Global Communications, Inc., Western Union Telegraph Company, Western Union International, Inc., ITT World Communications, Inc., Intervenors. TRT TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, RCA Global Communications, Inc., Trans-Lux Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1981.

Attorney(s) appearing for the Case

H. Richard Juhnke, Washington, D. C., with whom Joel Yohalem, Harold L. Talisman, and James R. Schroll, Washington, D. C., were on the brief for petitioner, The W. U. Tel. Co., in Nos. 79-2494, 79-2496, 80-1196 and 80-1240.

E. Edward Bruce, Washington, D. C., with whom Patrick M. Norton, Washington, D. C., was on the brief, for petitioner, TRT Telecommunications Corporation, in Nos. 80-1276 and 80-1277.

William P. Mayer, Washington, D. C., entered an appearance for petitioner, TRT Telecommunications Corporation, in No. 80-1276.

John E. Ingle, Deputy Associate Gen. Counsel, Washington, D. C., with whom Daniel M. Armstrong, Associate Gen. Counsel, Robert R. Bruce, Gen. Counsel, F. C. C. and Stanford M. Litvack, Asst. Atty. Gen., Robert B. Nicholson, Margaret G. Halpern, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents in Nos. 79-2494, 80-1276 and 80-1277.

Robert E. Conn, New York City, was on the brief for intervenor, Western Union International, Inc., in Nos. 79-2494, 79-2496, 80-1276 and 80-1277.

Jack Werner, Washington, D. C., entered an appearance for intervenor, The Western Union Telegraph Company, in No. 80-1276.

Benjamin L. Zelenko, Washington, D. C., for intervenor, Trans-Lux Corporation, in Nos. 79-2494, 80-1277 and 80-1240.

John A. Ligon, New York City, for intervenor, ITT World Communications, Inc., in Nos. 79-2496 and 80-1276.

Robert R. Bruce, Washington, D. C., with whom Daniel M. Armstrong, Washington, D. C., was on the brief, for intervenors, ITT World Communications, Inc., Western Union International, Inc., RCA Global Communications, Inc., and Trans-Lux Corporation, in Nos. 79-2496 and 80-1240.

Alan Y. Naftalin, Washington, D. C., for intervenor, RCA Global Communications, Inc., in No. 80-1276.

Joel Yohalem, Washington, D. C., with whom Jack Werner and Harold L. Talisman, Washington, D. C., were on the brief, for intervenor, Western Union Telegraph Company, in Nos. 80-1276 and 80-1277.

Edward P. Taptich, Washington, D. C., with whom Stanford B. Weinstein, Washington, D. C., was on the brief, for intervenor, Graphnet, Inc., in No. 80-1196.

John J. Powers, III, Washington, D. C., with whom Margaret G. Halpern, Washington, D. C., was on the brief, for respondents in No. 80-1196.

Robert B. Nicholson, Washington, D. C., with whom Nancy C. Garrison, Washington, D. C., was on the brief, for respondents in No. 80-1240.

Alan Y. Naftalin, Washington, D. C., with whom Margot Smiley Humphrey, Washington, D. C., was on the brief, for intervenor, RCA Global Communications, Inc., in No. 80-1240.

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

MIKVA, Circuit Judge:

Traditionally, the telegraph industry in this country has been divided into two segments. All transmissions between points within the United States have been handled by Western Union Telegraph Company (WUTC), the sole supplier of such services following the merger of WUTC and its major competitor in the 1940s. Messages between points in the United States and points abroad have been transmitted by "international record carriers" (IRCs).

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