SOUTHERN PACIFIC COMMUNICATIONS CO. v. F. C. C.

Nos. 81-1594, 81-1674.

682 F.2d 232 (1982)

SOUTHERN PACIFIC COMMUNICATIONS CO., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Co., Satellite Business Systems, Aerospace Industries Association of America, Inc., MCI Telecommunications Corporation, United States Transmission Systems, Inc., Aeronautical Radio, Inc., et al., Common Carrier Conference — Irregular Route, Intervenors. AEROSPACE INDUSTRIES ASSOCIATION OF AMERICA, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Air Transport Association of America, Ad Hoc Telecommunications Users Committee, American Telephone and Telegraph Co., MCI Telecommunications Corporation, United States Transmission Systems, Inc., Common Carrier Conference — Irregular Route, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1982.


Attorney(s) appearing for the Case

Mitchell F. Brecher, Washington, D. C., for Southern Pacific Communications Co., petitioner in No. 81-1594. James M. Tobin and Daniel A. Huber, Washington, D. C., also entered appearances for petitioner in No. 81-1594.

Michael H. Rosenbloom, Washington, D. C., with whom Arthur Scheiner and Dennis Lane, Washington, D. C., were on the brief for Aerospace Industries Ass'n of America, Inc., petitioner in No. 81-1674.

John E. Ingle, Counsel, F. C. C., Washington, D. C., for respondents. Stephen A. Sharp, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, C. Grey Pash, Jr. and Lisa B. Margolis, Counsel, F. C. C., Washington, D. C., were on the brief for respondent F. C. C. Robert B. Nicholson and James H. Laskey, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent, the U. S.

Charles Lister, Washington, D. C., with whom Alfred A. Green, Francine J. Berry, New York City, and Raymond F. Burke, Bedminster, N. J., were on the brief for American Tel. and Tel. Co., intervenor in Nos. 81-1594 and 81-1674.

Michael H. Bader, Kenneth A. Cox, William J. Byrnes, John M. Pelkey, Washington, D. C., Philip S. Nyborg, Arlington, Va., and Ruth S. Baker-Battist, Washington, D. C., entered appearances for MCI Telecommunications Corp., intervenor in Nos. 81-1594 and 81-1674.

John L. Bartlett and Danny E. Adams, Washington, D. C., entered appearances for Aeronautical Radio, Inc., et al., intervenor in Nos. 81-1594 and 81-1674.

James E. Landry, Washington, D. C., entered an appearance for Air Transport Ass'n of America, intervenor in No. 81-1674.

Randall B. Lowe, Washington, D. C., entered an appearance for U. S. Transmission Systems, Inc., intervenor in Nos. 81-1594 and 81-1674.

Leonard A. Jaskiewicz and Robert R. Harris, Washington, D. C., entered appearances for Common Carrier Conference — Irregular Route, intervenor in Nos. 81-1594 and 81-1674.

F. Thomas Tuttle, Harold David Cohen and Jack N. Goodman, Washington, D. C., entered appearances for Satellite Business Systems, intervenor in No. 81-1594.

Joseph M. Kittner and Randolph J. May, Washington, D. C., entered appearances for Ad Hoc Telecommunications Users Committee, intervenor in No. 81-1674.

Before MIKVA and GINSBURG, Circuit Judges, and PALMIERI, Senior District Judge for the Southern District of New York.


PER CURIAM.

JUDGMENT

These petitions for review of orders of the Federal Communications Commission were briefed and argued by counsel. The court has accorded the petitions full consideration and has determined that abbreviated disposition is appropriate. See D.C.Cir.R. 13(c).

As further detailed in the accompanying memorandum, the petitions raise questions the Commission is now proceeding to consider...

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