ITT WORLD COMMUNICATIONS, INC. v. F.C.C.

Nos. 79-1046, 79-1049, 80-1318, 80-1414, 80-1947, 80-1972, 82-1992, 82-2077, 82-2082, 83-1241, 83-1244, 83-1245 and 83-1247.

725 F.2d 732 (1984)

ITT WORLD COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Public Broadcasting Service, Spanish International Network, Inc., Communications Satellite Corporation, Public Broadcasting Service, RCA Global Communications, Inc., American Broadcasting Companies, Inc., et al., American Telephone and Telegraph Company, European Broadcasting Union, Aeronautical Radio, Inc., et al., Intervenors. WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Public Broadcasting Service, Spanish International Network, Inc., Communications Satellite Corporation, RCA Global Communications, Inc., American Broadcasting Companies, Inc., et al., American Telephone and Telegraph Company, European Broadcasting Union, Aeronautical Radio, Inc., et al., Intervenors. ITT WORLD COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Communications Satellite Corporation, American Broadcasting Companies, Inc., et al., RCA Global Communications, Inc., Public Broadcasting Service, Spanish International Network, Inc., American Telephone and Telegraph Company, Intervenors. WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America. WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Communications Satellite Corporation, RCA Global Communications, Inc., Public Broadcasting Service, Intervenors. ITT WORLD COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Communications Satellite Corporation, RCA Global Communications, Inc., Public Broadcasting Service, Intervenors. RCA GLOBAL COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Communications Satellite Corporation, Hawaiian Telephone Company, Intervenors. TRT TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Pacific Communications Co., Aeronautical Radio, Inc., Hawaiian Telephone Co., FTC Communications, Inc., GTE Telenet Communications Corporation, Intervenors. ITT WORLD COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Pacific Communications Co., Hawaiian Telephone Company, Aeronautical Radio, Inc., GTE Telenet Communications Corporation, Intervenors. RCA GLOBAL COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. ITT WORLD COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. TRT TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1984.


Attorney(s) appearing for the Case

Robert E. Conn, Washington, D.C., with whom William J. Byrnes, Washington, D.C., was on brief for petitioner, Western Union International, Inc., Petitioner in 79-1049, 80-1414, 80-1937, 82-1992 and 83-1244. Stephen C. Weingarten, Washington, D.C., also entered an appearance for petitioner.

Theodore J. Fischkin, New York City, for petitioner, ITT World Communications, Inc., petitioner in 79-1046, 80-1318, 80-1947, 82-2082 and 83-1245. Grant S. Lewis and John S. Kinzey, New York City, also entered appearances for petitioner.

Alan Y. Naftalin, Washington, D.C., with whom Margot Smiley Humphrey, Washington, D.C., Gregory C. Staple and Charles M. Lehrhaupt, New York City, were on brief for petitioner, RCA Global Communications, Inc., Petitioner in 82-1972 and 83-1241.

E. Edward Bruce, Thomas William Mayo and Lloyd D. Young, Washington, D.C., were on brief for petitioner, TRT Telecommunications Corporation. Petitioner in 82-2077 and 83-1247.

Bruce E. Fein, General Counsel, Federal Communications Commission, Washington, D.C., with whom Daniel M. Armstrong, Associate General Counsel, John E. Engle, Deputy Associate General Counsel and Nancy E. Stanley, Asst. General Counsel, Federal Communications Commission, Washington, D.C., were on brief, for respondents. Jane E. Mago, Sheldon M. Guttman, Robert R. Bruce, Attorneys, Federal Communications Commission, John J. Powers, III, Peter L. de la Cruz, Barry Grossman, Nancy C. Garrison and Frederic Freilicher, Attorneys, Department of Justice, Washington, D.C., also entered appearances for respondents.

Sally Katzen, Washington, D.C., with whom J. Roger Wollenberg, Neal T. Kilminster and Lawrence M. DeVore, Washington, D.C., were on brief for intervenor, Communications Satellite Corporation. Barry M. Heller, Washington, D.C., also entered an appearance for intervenor.

John L. Bartlett, Washington, D.C., with whom Robert J. Butler, Washington, D.C., was on brief for intervenor, Aeronautical Radio, Inc. Charles R. Cutler and James E. Landry, Washington, D.C., also entered appearances for intervenor.

Joseph DeFranco, Howard Monderer, Joseph M. Kittner and Randolph J. May, Washington, D.C., were on brief for intervenors, American Broadcasting Companies, Inc., CBS, Inc., and National Broadcasting Company, Inc. R. Michael Senkowski, Washington, D.C., also entered an appearance for intervenor.

Donald E. Ward and Philip M. Walker, Washington, D.C., were on brief for intervenor, GTE Telenet Communications Corporation.

Norman P. Leventhal and Meredith S. Senter, Jr., Washington, D.C., were on brief for intervenor, Spanish International Network, Inc. James A. McKenna, Jr., Washington, D.C., also entered an appearance for intervenor.

Thomas J. O'Reilly and Shelly Sternad Dempsey, Washington, D.C., were on brief for intervenor, Hawaiian Telephone Company. Daniel J. Greenwald, III, Washington, D.C., also entered an appearance for intervenor.

Harry M. Plotkin, Theodore D. Frank, Peter Tannenwald, and Cynthia L. Hathaway, Washington, D.C., entered appearances for intervenor, Public Broadcasting Service.

Edgar Mayfield and Shant J. Harootunian, Bedminster, N.J., entered appearances for intervenor, American Telephone and Telegraph Company.

Arthur Scheiner and Stuart F. Feldstein, Washington, D.C., entered appearances for intervenor, European Broadcasting.

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

Before EDWARDS, Circuit Judge, MacKINNON, Senior Circuit Judge and CELEBREZZE, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge CELEBREZZE.

CELEBREZZE, Senior Circuit Judge.

Petitioners1 seek review of a series of decisions2 made by the Federal Communications Commission (FCC). In these decisions, the FCC has attempted to restructure the international telecommunications markets by heightening competition between the two principal modes...

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