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NATIONAL CABLE TELEVISION ASS'N, INC. v. F.C.C.

No. 89-1517.

914 F.2d 285 (1990)

NATIONAL CABLE TELEVISION ASSOCIATION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, GTE California Incorporated, United States Telephone Ass'n, City of Cerritos, California, Contel Corp., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1990.

As Amended on Denial of Rehearing and Rehearing December 4, 1990.

Attorney(s) appearing for the Case

Bruce D. Sokler, with whom James A. Kirkland, Brenda L. Fox, and David Nicholl, were on the brief, for petitioner.

Gregory M. Christopher, Counsel, Federal Communications Com'n ("FCC"), with whom John E. Ingle, Deputy Associate Gen. Counsel, FCC, and James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan, and Laura Heiser, Attys., Dept. of Justice, were on the brief, for respondents. Daniel M. Armstrong, Atty., FCC, also entered an appearance for respondents.

James R. Hobson, Richard E. Wiley, and Philip V. Permut (for GTE California Inc.) and John B. Richards (for City of Cerritos, California), were on the joint brief for intervenors.

Martin T. McCue and William R. Malone, entered appearances for intervenor U.S. Telephone Ass'n. John Wohlstetter, entered an appearance for intervenor Contel Corp.

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

As Amended on Denial of Rehearing and Rehearing En Banc December 4, 1990.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

We are asked to review a decision of the Federal Communications Commission granting the General Telephone Company of California authority to construct and maintain coaxial cable and fiber optic facilities for the use of a cable television company, Apollo Cablevision. As a rule, a telephone company is...

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