AMERICAN BROADCASTING COMPANIES, INC., CBS Inc., National Broadcasting Company, Inc., Ad Hoc Telecommunications Users Committee, and United Press International, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Telephone and Telegraph Company, and The Associated Press, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued August 12, 1981.
Decided October 19, 1981.
Attorney(s) appearing for the Case
Edward P. Taptich, Washington, D.C. (Joseph M. Kittner, Lawrence J. Movshin, James S. Blaszak, William K. Keane, McKenna, Wilkinson & Kittner, Washington, D.C., of counsel), for petitioners ABC, Inc., CBS Inc., NBC, Inc. and Ad Hoc Telecommunications Users Committee.
Donald P. Zeifang, Washington, D.C. (James C. Schultz, Jeffrey D. Southmayd, Washington, D.C., of counsel), for petitioner United Press International.
Robert Kaufman, New York City of counsel, for petitioner ABC, Inc.
Joseph DeFranco, Washington, D.C., of counsel, for petitioner CBS Inc.
Howard Monderer, Washington, D.C., of counsel, for petitioner NBC, Inc.
John E. Ingle, Deputy Associate Gen. Counsel, F.C.C. Washington, D.C. (Stephen A. Sharp, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Jane E. Mago, Counsel, F.C.C., Washington, D.C., of counsel), for respondent F.C.C.
James H. Laskey, Dept. of Justice, Washington, D.C. (William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson, Dept. of Justice, Washington, D.C., of counsel), for respondent United States of America.
Jules M. Perlberg, Chicago, Ill. (Alfred A. Green, New York City, Raymond F. Burke, Saul Fisher, Bedminster, N. J., David J. Lewis, Sidley & Austin, Washington, D.C., of counsel), for intervenor American Telephone and Telegraph Co.
Aloysius B. McCabe, Michael Yourshaw, Robert J. Butler, Kirkland & Ellis, Washington, D.C., of counsel, for intervenor The Associated Press.
Before MESKILL and KEARSE, Circuit Judges, and MARKEY, Chief Judge of the United States Court of Customs and Patent Appeals.
United States Court of Appeals, Second Circuit.
MARKEY, Chief Judge:
Background
AT&T is a telecommunications common carrier, offering private line services, Message Telecommunications Services (MTS), and Wide Area Telecommunications Services (WATS).
Concerned that AT&T's monopoly services (MTS and WATS) might be providing a cross-subsidy for its private line offerings, the FCC instituted an investigation in 1965 into the lawfulness of all AT&T rates and services. A primary goal...
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