NATIONAL CABLE TELEVISION ASSOCIATION, INC., Petitioners,
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 December 13, 1983.
Decided November 9, 1984.
Attorney(s) appearing for the Case
Arthur H. Harding, Washington, D.C., with whom Brenda L. Fox and Jonathan V. Cohen, Washington, D.C., were on the brief for petitioner. Robert J. Keller, Washington, D.C., also entered an appearance for petitioner.
Jane E. Mago, Atty., F.C.C., Washington, D.C., for respondents. Bruce E. Fein, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, Washington, D.C., for F.C.C. Barry Grossman and George Edelstein, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. Stephen A. Sharp and Lisa B. Margolis, Washington, D.C., for F.C.C., also entered appearances for respondents.
David Cosson, Washington, D.C., with whom Amy S. Gross and G. Daniel McCarthy, Washington, D.C., were on the joint brief for intervenors Nat. Telephone Cooperative Ass'n, et al. Thomas G. Shack, Jr., and Raymond J. Kimball, Washington, D.C., also entered appearances, for Kearsarge Cable Communications, Inc.
Thomas J. O'Reilly and Shelly Sternad Dempsey, Washington, D.C., were on the brief for intervenor U.S. Independent Telephone Ass'n.
David A. Irwin and Ellen S. Deutsch, Washington, D.C., entered appearances for intervenor Organization for the Protection and Advancement of Small Telephone Companies.
Robert F. Corazzini, Peter H. Feinberg and Deborah L. Stuehrmann, Washington, D.C., entered appearances for intervenor Multivision Northwest Inc.
Arthur Blooston and David L. Nace, Washington, D.C., entered appearances for Missouri Telephone Co., et al.
Before WALD and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge McGOWAN.
McGOWAN, Senior Circuit Judge:
The National Cable Television Association ("NCTA"), a trade association representing cable television operators, owners, and suppliers, challenges a rule of the Federal Communications Commission ("FCC" or "Commission") lessening the burden that telephone companies must overcome before being allowed to provide cable service to rural areas. We uphold the rule as consistent...
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