TRT TELECOMMUNICATIONS CORPORATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Western Union Telegraph Company, Western Union International, Inc., FTC Communications Inc., MCI International, Inc., Intervenors.
WESTERN UNION INTERNATIONAL, INC. and MCI International, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
FTC Communications, Inc., Western Union Telegraph Co., Intervenors.
FTC COMMUNICATIONS, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Western Union Telegraph Company, Western Union International, Inc., MCI International, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 8, 1988.
Decided September 23, 1988.
Attorney(s) appearing for the Case
E. Edward Bruce, with whom Christopher T. Curtis, Washington, D.C., for TRT Telecommunications Corp., Ruth S. Baker-Battist, Washington, D.C., for Western Union Intern. Inc. and MCI Intern., Inc., Roger P. Newell, New York City, for FTC Communications, Inc., John M. Scorce and Ellen G. Block, Washington, D.C., for MCI Intern., Inc., were on the joint brief for petitioners. Lloyd D. Young, Washington, D.C., also entered an appearance for petitioner TRT Telecommunications Corp. in 86-1685.
John E. Ingle, Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Nancy E. Stanley, Linda L. Oliver, Counsels, F.C.C., John J. Powers, III and David Seidman, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. Catherine O'Sullivan, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.
Joel Yohalem, with whom H. Richard Juhnke, Arthur H. Simms and Peter G. Wolfe, Washington, D.C., were on the brief, for intervenor Western Union Corp.
Ellen G. Block and John M. Scorce, Washington, D.C., entered an appearance, for intervenors Western Union Intern., Inc. and MCI Intern., Inc. in 86-1685 and 86-1740.
Ruth S. Baker-Battist, Washington, D.C., entered an appearance, for intervenors Western Union Intern., Inc., and MCI Intern., Inc. in 86-1740.
Roger P. Newell, New York City, entered an appearance, for intervenor, FTC Communications Inc. in 86-1685 and 86-1710.
Before WALD, Chief Judge, and ROBINSON and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
STARR, Circuit Judge:
Telex and TWX are services that allow subscribers to communicate with each other by means of teletypewriters. Much in the manner of using a conventional telephone, a subscriber to the service can dial the number of another subscriber and, once "on line," send written data.1 During the period at issue in this case, Western Union ("WU") provided domestic Telex...
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