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

No. 83-2291.

758 F.2d 722 (1985)

RCA GLOBAL COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, FTC Communications, Inc. and ITT World Communications, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 1985.

Attorney(s) appearing for the Case

Jeffrey Frackman, New York City, for petitioner.

Nancy E. Stanley, Atty., F.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Bruce E. Fein, General Counsel, F.C.C., Daniel M. Armstrong, Associate General Counsel, F.C.C., John E. Ingle and Jane E. Mago, Attys., F.C.C., and Robert B. Nicholson and Margaret B. Halpern, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Roger P. Newell, New York City, for intervenor FTC Communications, Inc. Gerald Goldman, Washington, D.C., entered an appearance for FTC Communications, Inc.

John A. Ligon, New York City, was on the brief for intervenor ITT World Communications, Inc.

Before WRIGHT, MIKVA and SCALIA, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

RCA Global Communications (RCA), a major international provider of record telecommunications services, petitions for review of an order of the Federal Communications Commission refusing to disallow a customer tariff submitted by one of RCA's small competitors, FTC Communications, Inc. (FTCC). The challenged tariff enables FTCC to differentiate between the rate charged...

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