COLUMBIA COMMUNICATIONS CORP. v. F.C.C.

Nos. 85-1628, 85-1697.

832 F.2d 189 (1987)

COLUMBIA COMMUNICATIONS CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Ford Aerospace Satellite Services Corp., Hughes Communications Galaxy, Inc., RCA American Communications, Inc., GTE Spacenet Corporation, et al., Martin Marietta Communications Systems, Inc., Federal Express Corporation, American Satellite Company, Intervenors. COLUMBIA COMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, RCA American Communications, Inc., Federal Express Corporation, National Exchange, Inc., Western Union Telegraph Company, American Satellite Company, Hughes Communications Galaxy, Inc., Martin Marietta Communications Systems, Inc., Ford Aerospace Satellite Services Corp., Pan American Satellite Corp., Creditors of the U.S. Satellite Systems, Inc., Whitely Communications Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1987.


Attorney(s) appearing for the Case

Phillip L. Spector, Washington, D.C., for appellant in No. 85-1628 and petitioner in No. 85-1697. Thomas James Lane was on the brief for appellant/petitioner. Jeffrey H. Olson, Washington, D.C., also entered an appearance for Columbia Communications Corp.

Laurel R. Bergold, Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Deputy Associate Gen. Counsel and Loretta J. Garcia, Counsel, F.C.C., Washington, D.C., were on the brief for appellee in No. 85-1628 and respondent in No. 85-1697. Jane Mago, Counsel, F.C.C., Robert B. Nicholson and George Edelstein, Attys., Dept. of Justice, Washington, D.C., also entered appearances for F.C.C.

Gary M. Epstein, Maureen E. Mahoney and James F. Rogers, for Hughes Communications Galaxy, Inc. and Leslie A. Taylor for GTE Spacenet Corp. were on the joint brief for intervenors, Hughes Communications Galaxy, Inc., et al. in Nos. 85-1628 and 85-1697.

Jay E. Ricks, Peter A. Rohrbach and Carl J. Cangelosi entered appearances for intervenor, RCA American Communications, Inc. in Nos. 85-1628 and 85-1697.

Tyrone Brown and Philip L. Malet entered appearances for intervenor, Ford Aerospace Satellite Services Corp. in Nos. 85-1628 and 85-1697.

Joseph M. Kittner and James S. Blaszak entered appearances for intervenor, Martin Marietta Communications Systems, Inc. in Nos. 85-1628 and 85-1697.

Nathaniel P. Breed, Jr., Robert E. Conn and Howard H. Shafferman entered appearances for intervenor, Federal Express Corp. in Nos. 85-1628 and 85-1697.

H. Richard Juhnke and Robert N. Green entered appearances for intervenor, Western Union Telegraph Co. in No. 85-1697.

Joan M. Griffin entered an appearance for intervenor, American Satellite Co. in No. 85-1697.

Scott Robb entered an appearance for intervenors, Creditors of the U.S. Satellite Systems, Inc., et al. in No. 85-1697.

Phillip L. Spector and Regina Harrison entered appearances for intervenor, Nat. Exchange, Inc. in No. 85-1697.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Columbia Communications Corporation ("Columbia") seeks to overturn two Federal Communications Commission ("FCC" or "Commission") orders. One order strengthened and restated the financial requirements for domestic satellite applications, and the other denied Columbia's satellite application for failure to satisfy those financial requirements. Columbia concedes that its application did...

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