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NORTHWESTERN INDIANA TELEPHONE CO., INC. v. F.C.C.

No. 88-1521.

872 F.2d 465 (1989)

NORTHWESTERN INDIANA TELEPHONE COMPANY, INC. and Northwest Indiana CATV, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, U.S. Telephone Association, Bell Atlantic Telephone Company, National Cable Television Association, Inc., U.S. Cable Television Association, Inc., U.S. Cable of Northern Indiana, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1989.

Attorney(s) appearing for the Case

Russel D. Lukas, with whom David L. Nace, Washington, D.C., was on the brief, for petitioners.

John Thorne, Washington, D.C., for petitioner local phone company, and also entered an appearance for intervenor Bell Atlantic Telephone Co.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, F.C.C., Gregory M. Christopher, Counsel, F.C.C., Catherine G. O'Sullivan and Marion Jetton, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

H. Bartow Farr, III, with whom Brenda L. Fox, Michael S. Schooler, David L. Nicoll and Charles H. Helein, Washington, D.C., were on the brief, for intervenors.

Martin T. McCue and William Malone, Washington, D.C., entered appearances for intervenor U.S. Telephone Ass'n.

James R. Young and Robert A. Levetown, Washington, D.C., entered appearances, for intervenor Bell Atlantic Telephone Co.

J. Christopher Redding, Washington, D.C., also entered an appearance, for intervenor U.S. Cable of Northern Indiana.

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

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case is before us a second time. Previously, the court remanded the case to the Federal Communications Commission for clarification of the definitions, under the FCC's cross-ownership regulations, of "affiliate" and "carrier-user" relationships between telephone and cable television companies. Northwestern Indiana Telephone Co. v. FCC, 824 F.2d 1205

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