ROGERS RADIO COMMUNICATIONS SERVICES, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
American Telephone & Telegraph Company, Illinois Bell Telephone Company, Intervenors.
ROGERS RADIO COMMUNICATIONS SERVICES, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Illinois Bell Telephone Company, American Telephone & Telegraph Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 14, 1984.
Decided January 4, 1985.
Attorney(s) appearing for the Case
Philips Bowerman Patton, Washington, D.C., with whom Jeremiah Courtney, Washington, D.C., was on the brief, for appellant in No. 83-2215 and petitioner in No. 83-2216. Dennis C. Brown, Washington, D.C., also entered an appearance for Rogers Radio Communications Services, Inc.
Carl D. Lawson, Counsel, Federal Communications Commission, Washington, D.C., with whom Bruce E. Fein, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Jane E. Mago, Counsel, Federal Communications Commission, Washington, D.C., were on the brief, for appellee in No. 83-2215 and respondent in No. 83-2216. Barry Grossman and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellee, United States of America in No. 83-2216.
Alfred Winchell Whittaker, Washington, D.C., with whom Charles R. Cutler and John A. Zackrison, Washington, D.C., were on the brief for intervenor, Illinois Bell Telephone Company in Nos. 83-2215 and 83-2216.
Judith A. Maynes and Richard J. Cunningham, New York City, were on the brief for intervenor, American Telephone & Telegraph Company in Nos. 83-2215 and 83-2216.
Before MIKVA, STARR, Circuit Judges, and BAZELON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
STARR, Circuit Judge:
This appeal grew out of a dispute between Rogers Radio Communications Services ("Rogers Radio" or "Rogers"), and Illinois Bell Telephone ("IBT"), the intervenor in this lawsuit, over IBT's refusal to grant Rogers' request for access to one of IBT's telephone services. IBT and Rogers are presently competitors in the one-way paging market, a service we will describe more fully below. Notwithstanding...
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