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PEOPLE OF STATE OF CAL. v. F.C.C.

No. 85-1112.

798 F.2d 1515 (1986)

PEOPLE OF the STATE OF CALIFORNIA and the Public Utilities Commission of the State of California, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Association of Broadcasters, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1986.

Attorney(s) appearing for the Case

Ellen S. LeVine, with whom J. Calvin Simpson, San Francisco, Cal., was on brief, for petitioners. Gretchen Dumas, San Francisco, Cal., also entered an appearance for petitioners.

John E. Ingle, Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Roberta L. Cook, and Jane E. Mago, Counsel, F.C.C. and Robert B. Nicholson and Robert J. Wiggers, Attys., U.S. Dept. of Justice, Washington, D.C., were on brief, for respondents.

Mania K. Baghdadi, with whom Henry L. Baumann, Barry D. Umansky, Julian L. Shepard, and Thomas Schattenfield, Washington, D.C. were on brief, for intervenors.

Before BORK and BUCKLEY, Circuit Judges, and WRIGHT, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Domestic radio common carrier services are regulated under two separate headings within the Communications Act of 1934 ("the Act"). First, because such services are carried on radio waves, they come within Title III of the Act, which grants the Federal Communications Commission ("FCC" or "Commission") broad regulatory authority over radio transmission, whether interstate or intrastate...

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