YAKIMA VALLEY CABLEVISION, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
Board of Supervisors of Fairfax County, Virginia, United Cable Television Corporation, City of Fairfax, Virginia, Continental Cablevision of Michigan, Inc., National Cable Television Association, Inc., City of Southfield, Michigan, City of Sunnyside, Washington, et al., Intervenors.
CONNECTICUT CABLE TELEVISION ASSOCIATION, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
National Cable Television Association, Inc., Media General Cable of Fairfax, Inc., State of Connecticut, et al., Board of Supervisors of Fairfax County, Virginia, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 8, 1986.
Decided July 8, 1986.
Attorney(s) appearing for the Case
Stuart F. Feldstein, with whom Charles S. Walsh, Arthur H. Harding and Howard S. Shapiro, Washington, D.C., were on brief, for petitioner, Yakima Valley Cablevision, Inc., in No. 85-1464.
Brent N. Rushforth, with whom John I. Davis and Richard D. Marks, Washington, D.C., were on brief, for petitioner, Connecticut Cable Television Ass'n, Inc., in No. 85-1665. Arnold P. Lutzker, Washington, D.C., also entered an appearance, for petitioner in No. 85-1665.
Gregory M. Christopher, Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Robert B. Nicholson and Marion L. Jetton, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents in Nos. 85-1464 and 85-1665. Margaret G. Halpern and John J. Powers, III, Attys., Dept. of Justice, Washington, D.C., also entered appearances, for respondents in Nos. 85-1464 and 85-1665.
Craig J. Gehring with whom John L. Longstreth was on the brief, Washington, D.C., for intervenors, City of Southfield, Mich., et al., in No. 85-1464.
Donald J. Mulvihill, Hugh P. Morrison, Jr., Rand McQuinn, Kathy M. Silberthau, Washington, D.C., David M. Davenport, David Stitt and Michael H. Long, Fairfax, Va., were on brief, for intervenors, Board of Supervisors of Fairfax County, Va., et al., in Nos. 85-1464 and 85-1665.
Richard K. Greenberg, Hartford, Conn., was on brief, for intervenor, State of Conn., in No. 85-1665.
Brenda L. Fox, Carol A. Melton, Gardner F. Gillespie, Wesley R. Heppler, James F. Ireland, III, Ian D. Volner and Mark L. Pelesh, Washington, D.C., were on joint brief, for intervenors, National Cable Television Ass'n, Inc., et al., in Nos. 85-1464 and 85-1665.
Robert H. Ruxin, Seattle, Wash., entered an appearance, for intervenor, City of Sunnyside, Wash., et al., in No. 85-1464.
Before EDWARDS and BORK, Circuit Judges, and KOZINSKI, Circuit Judge, United States Court of Appeals for the Ninth Circuit.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
Petitioners Yakima Valley Cablevision, Inc. ("Yakima") and the Connecticut Cable Television Association, Inc. ("CCTA") challenge orders of the Federal Communications Commission ("FCC" or "the Commission") dismissing requests for declaratory rulings regarding the legality of certain state and local taxes imposed on earnings...
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