NATIONAL ASS'N FOR BETTER BROADCASTING v. F.C.C.

No. 87-1198.

849 F.2d 665 (1988)

NATIONAL ASSOCIATION FOR BETTER BROADCASTING, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Home Box Office, Inc., US Satellite Broadcasting Co., Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1988.


Attorney(s) appearing for the Case

David W. Danner, with whom Andrew Jay Schwartzman, Washington, D.C., was on the brief, for petitioner.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, C. Grey Pash, Jr., Counsel, F.C.C., Robert B. Nicholson, and Laura Heiser, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. Gregory M. Christopher, Counsel, F.C.C., and Catherine G. O'Sullivan, Atty., Dept. of Justice, Washington, D.C., also entered appearances, for respondents.

Jack N. Goodman, with whom Robert J. Aamoth, Washington, D.C., was on the brief, for intervenor, Home Box Office, Inc.

Marvin Rosenberg and James G. Ennis, Washington, D.C., were on the brief for intervenor, U.S. Satellite Broadcasting Co., Inc.

Before WALD, Chief Judge, and STARR and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Chief Judge WALD.

SENTELLE, Circuit Judge:

This petition presents for review a decision by the Federal Communications Commission ("the Commission" or "FCC") concerning the status under Title III of the Communications Act of 1934 ("the Act"), 47 U.S.C. § 301 et seq. (1982 & Supp. III 1985), of subscription video services, including subscription television...

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