MONONGAHELA POWER COMPANY, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
National Cable Television Assoc., Inc., U. S. Independent Telephone Association, Upper Peninsula Power Company, Texas Power & Light Company, GTE Service Corporation, Consumers Power Company, Intervenors.
GTE SERVICE CORPORATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Gulf States Utilities Company, Intervenor.
CONSUMERS POWER COMPANY, a Michigan Corporation, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 27, 1981.
Decided May 15, 1981.
Attorney(s) appearing for the Case
Charles M. Meehan with whom Shirley S. Fujimoto, Honolulu, Hawaii, was on the brief for Monongahela Power Company, et al., petitioner.
William H. Bode and Alfred Lawrence Toombs, Washington, D.C., were on the brief for Consumers Power Company, etc., petitioner in 80-1499 and intervenor in 80-1390.
Richard M. Cahill, Johnstown, N.Y., Richard McKenna, Stamford, Conn., and James R. Hobson, Washington, D.C., were on the brief for GTE Service Corp., petitioner in 80-1483 and intervenor in 80-1390.
Edward L. Friedman, Thomas M. Eichenberger and Keith E. McClintock, Washington, D.C., were on the brief for AT&T Company, petitioner in 80-1490.
Jack D. Smith, Washington, D.C., counsel, FCC, with whom Sanford M. Litvack, Asst. Atty. Gen. Dept. of Justice, Daniel M. Armstrong, Associate Gen. Counsel, FCC, John J. Powers, III, and Andrea Limmer, Dept. of Justice, Washington, D.C., were on the brief for respondents.
Robert R. Bruce, Gen. Counsel, FCC, and Nancy C. Garrison, Dept. of Justice, Washington, D.C., also entered an appearance for respondents.
Jay E. Ricks, Washington, D.C., with whom Gardner F. Gillespie, Paul Glist, Washington, D.C., Robert Ross, Brenda Fox, Washington, D.C., and James H. Ewalt were on the brief, for National Cable TV Association, Inc., intervenor in 80-1390.
Peyton G. Bowman, III, and Daniel J. Wright, Washington, D.C., were on the brief for Upper Peninsula Power Company and Texas Power and Light Co., intervenors in 80-1390.
Thomas J. O'Reilly, Washington, D.C., and Daniel J. Greenwald, III, New York City, were on the brief for United States Independent Telephone Association, intervenor in 80-1390.
Peter B. Kelsey, Washington, D.C. was on the brief for Edison Electric Institute, amicus curiae, urging that the order be set aside in 80-1390, 80-1483 & 80-1499.
Before WILKEY, WALD and MIKVA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
PER CURIAM:
In the Communications Act Amendments of 1978 (Act), Pub.L.No. 95-234, 92 Stat. 33, Congress granted the Federal Communications Commission (FCC) jurisdiction over arrangements for the attachment of a cable television (CATV) system to poles owned or controlled by utility companies. The FCC was directed to "regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just...
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