TEX. POWER & LIGHT v. FEDERAL COMMUNICATIONS COM'N

No. 84-4818.

784 F.2d 1265 (1986)

TEXAS POWER & LIGHT COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

March 17, 1986.


Attorney(s) appearing for the Case

Daniel J. Wright, Reid & Priest, Washington, D.C., for petitioner.

William French Smith, Atty. Gen., Daniel M. Armstrong, Gregory M. Christopher, Associate Gen. Counsel, F.C.C., Margaret G. Halpern, Robert B. Nicholson, Antitrust Div., Appellate Section, Dept. of Justice, Washington, D.C., for respondents.

Gardner F. Gillespie, Paul Glist, Washington, D.C., for intervenor, Group W Cable, Inc.

Before ALVIN B. RUBIN, RANDALL, and JERRE S. WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A utility company to whose poles a cable television company attached its lines challenges the charge for that service fixed by the Federal Communications Commission. The Commission's action is to be judged on the basis of the reasonableness of the method it used to compute the pole attachment rate; we do not look merely to whether the ultimate result fell within the range allowed by statute. In denying the utility company the right to...

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