RCA GLOBAL COMMUNICATIONS, INC. v. F.C.C.

No. 82-1550.

717 F.2d 1429 (1983)

RCA GLOBAL COMMUNICATIONS, INC., and United States Transmission Systems, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Pacific Communications Company, PACNET Communication Corporation, American Telephone & Telegraph Company, Western Union International, Inc., TRT Telecommunications Corporation, MCI Telecommunications Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1983.


Attorney(s) appearing for the Case

Jeffrey Frackman and Theodore J. Fischkin, Washington, D.C., with whom Alexander P. Humphrey, IV, Washington, D.C., was on brief for petitioners.

L. Andrew Tollin, Counsel, F.C.C., Washington, D.C., with whom Marjorie S. Reed, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief for respondents. Stephen A. Sharp, Counsel, F.C.C., Robert B. Nicholson and Nancy C. Garrison, Attorneys, Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Jules M. Perlberg, Chicago, Ill., with whom David J. Lewis, Alfred A. Green and Thomas M. Eichenberger, New York City, were on brief for intervenor, American Telephone & Telegraph Co.

Terry G. Mahn and William Wewer, Washington, D.C., were on brief for intervenor, PACNET Communications Corp.

Lloyd D. Young, Washington, D.C., was on brief for intervenor, TRT Telecommunications Corp.

Mark P. Bresnahan, Washington, D.C., entered an appearance for intervenor, Southern Pacific Communications Co.

Robert E. Conn, Washington, D.C., entered an appearance for intervenor, Western Union International, Inc.

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

Before WALD and MIKVA, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.


Opinion PER CURIAM.

PER CURIAM:

This case presents the question whether American Telephone & Telegraph Co. ("AT & T"), a telecommunications common carrier, violated a settlement agreement with other common carriers ("OCCs") that use AT & T's communications transmission facilities by charging them non-cost-justified rates for interstate and international transmission services. In 1980 AT & T and the Bell System Operating Companies ("BSOCs")...

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