ALABAMA POWER COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Texas Power & Light Company, Georgia Power Company, et al., Mississippi Power & Light Company, Group W Cable, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 27, 1984.
Decided September 24, 1985.
Attorney(s) appearing for the Case
Samuel Eason Balch, Jr., Birmingham, Ala., of the bar of the Supreme Court of Alabama, pro hac vice, by special leave of the Court and Daniel J. Wright, with whom Peyton G. Bowman, III, Washington, D.C., were on brief, for petitioner and intervenors, Texas Power & Light Co., et al.
Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Bruce E. Fein, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Barry B. Grossman and George Edelstein, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents. Jane E. Mago, Atty., F.C.C., and George Edelstein, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.
Paul Glist, Washington, D.C., with whom Gardner F. Gillespie, Washington, D.C., was on brief, for intervenor Group W Cable, Inc. Jay E. Ricks and Ann D. Jordan, Washington, D.C., also entered appearances for Group W Cable, Inc.
John R. Molm, Robert P. Edwards, Jr. and E. William Henry, Atlanta, Ga., were on brief for intervenors, Georgia Power Co., et al.
Before BORK and SCALIA, Circuit Judges, and HOGAN, District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BORK.
BORK, Circuit Judge.
Alabama Power Company petitions for review of a determination by the Federal Communications Commission that the pole attachment rates it had been charging Group W Cable, Inc. were higher than the maximum permitted by the Pole Attachment Act, 47 U.S.C. § 224 (1982). Because we find that the Commission did not fairly and accurately calculate...
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