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TELECOMMUNICATIONS RESEARCH & ACTION CTR. v. F.C.C.

No. 85-1160.

801 F.2d 501 (1986)

TELECOMMUNICATIONS RESEARCH AND ACTION CENTER and Media Access Project, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, National Association of Broadcasters, Public Broadcasting Service, American Newspaper Publishers Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 19, 1986.

As Amended September 19, 1986.

Rehearing Denied December 16, 1986.

Attorney(s) appearing for the Case

Robert M. Gurss, with whom Andrew Jay Schwartzman and Henry Geller, Washington, D.C., were on brief, for petitioners.

C. Grey Pash, Jr., Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., John J. Powers, III and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

Richard E. Wiley, Michael Yourshaw, William B. Baker and W. Terry Maguire, Washington, D.C., were on brief, for intervenor, American Newspaper Publishers Assn.

Henry L. Baumann, Michael D. Berg and Steven A. Bookshester, Washington, D.C., entered appearances for intervenor, National Ass'n of Broadcasters.

Peter Tannenwald, Lawrence A. Horn and Barbara S. Wellbery, Washington, D.C., entered appearances for intervenor, Public Broadcasting Service.

Before BORK and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Rehearing En Banc Denied December 16, 1986.

Opinion for the Court filed by Circuit Judge BORK.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge MacKINNON.

BORK, Circuit Judge:

Petitioners challenge the Federal Communications Commission's decision not to apply three forms of political broadcast regulation to a new technology, teletext. Teletext provides a means of transmitting textual and graphic material to the...

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