SHOWTIME NETWORKS INC. v. F.C.C.

Nos. 87-1259, 87-1270, 87-1274, 87-1279, 88-1353, 89-1627 and 89-1745.

932 F.2d 1 (1991)

SHOWTIME NETWORKS INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, GE American Communications, Inc., Intervenor. CHRISTIAN BROADCASTING NETWORK, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, GE American Communications, Inc., Intervenor. NEW HERITAGE ACQUISITION CORP., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, GE American Communications, Inc., Intervenor. GE AMERICAN COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Satellite Systems, Inc. and New Heritage Acquisition Corp., Intervenors. GE AMERICAN COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Showtime Networks Inc. and New Heritage Acquisition Corp., Intervenors. SHOWTIME NETWORKS INC. and Viacom International Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, GE American Communications, Inc., the Christian Broadcasting Network, Inc. and New Heritage Acquisition Corp., Intervenors. VIACOM INTERNATIONAL INC. and Showtime Networks Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, GE American Communications, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 1991.


Attorney(s) appearing for the Case

George H. Shapiro, with whom Marilyn D. Sonn, Washington, D.C., was on the brief, for Showtime Networks Inc. and Viacom Intern. Inc., petitioners in Nos. 87-1259, 89-1627 and 89-1745, and intervenor in No. 88-1353. Gerald E. Oberst, Jr., Washington, D.C., also entered an appearance for Showtime Networks Inc.

Peter A. Rohrbach, Washington, D.C., for GE American Communications, Inc., petitioner in Nos. 88-1279 and 88-1353, and intervenor in Nos. 87-1259, 87-1270, 87-1274, 89-1627 and 89-1745. Jay E. Ricks, Washington, D.C., also entered an appearance.

Laurel R. Bergold, Attorney, F.C.C., with whom Robert L. Pettit, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Deputy Associate Gen. Counsel, and Jane E. Mago, Asst. Gen. Counsel, F.C.C., and James F. Rill, Asst. Atty. Gen., Robert B. Nicholson and David Seidman, Washington, D.C., Attys., Dept. of Justice, were on the brief, for respondents in all cases. Linda L. Oliver, Washington, D.C., Atty., F.C.C., also entered an appearance for respondents.

Grover C. Cooper and Clifford M. Harrington, Washington, D.C., entered appearances for Christian Broadcasting Network, Inc., petitioner in No. 87-1270, and intervenor in No. 89-1267.

Ashton R. Hardy, New Orleans, La., entered an appearance for New Heritage Acquisition Corp., petitioner in No. 87-1274, and intervenor in Nos. 88-1279, 88-1353 and 89-1627.

Robert F. Corazzini, Washington, D.C., entered an appearance for intervenor, Southern Satellite Systems, Inc., in No. 88-1279.

Before WALD, RUTH BADER GINSBURG and THOMAS, Circuit Judges.


Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

In 1978, when video transmission by satellite was new, RCA American Communications, Inc. ("Americom") 1 offered to subscribers a ten-year satellite service ("1988 fixed-term service"), with lower rates in the early years of the term, and higher rates in later years. Petitioners in five of the seven cases consolidated in this review...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases