BEACH COMMUNICATIONS, INC., Maxtel Limited Partnership, Pacific Cablevision and Western Cable Communications, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Spectradyne, Inc., National Cable Television Association, Inc., Wireless Cable Association, Inc., Southwestern Bell Corporation and Hughes Communications Galaxy, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 9, 1991.
Prior Decision March 6, 1992.
Decided June 9, 1992.
Attorney(s) appearing for the Case
Deborah C. Costlow, Washington, D.C., for petitioners.
Roberta L. Cook, Atty., F.C.C., with whom Robert L. Pettit, General Counsel, and John E. Ingle, Deputy Associate General Counsel, F.C.C., and James F. Rill, Asst. Atty. Gen., and Robert B. Nicholson and James W. Lowe, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondents. Daniel M. Armstrong, Associate General Counsel, Washington, D.C., also entered an appearance for respondents.
Brenda L. Fox and Diane B. Burstein, Washington, D.C., were on the brief for intervenor National Cable Television Ass'n, Inc. Seth A. Davidson, Washington, D.C., also entered an appearance for intervenor.
Ronald A. Siegel and Mark L. Pelesh, Washington, D.C., entered appearances for intervenor Spectradyne, Inc.
Paul J. Sinderbrand and Robert F. Aldrich, Washington, D.C., entered appearances for intervenor Wireless Cable Ass'n, Inc.
Martin E. Grambow, Washington, D.C., James D. Ellis and Liam S. Coonan, St. Louis, Mo., entered appearances for intervenor Southwestern Bell Corp.
Gary M. Epstein, Washington, D.C., entered an appearance for intervenor Hughes Communications Galaxy, Inc.
Before: MIKVA, Chief Judge, HARRY T. EDWARDS and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed PER CURIAM.
Dissenting opinion filed by Chief Judge MIKVA.
PER CURIAM:
This is our second decision on the instant petition for review of an FCC rule, the Cable Definition Rule, promulgated pursuant to the Cable Act. In the first decision, Beach Communications, Inc. v. FCC,959 F.2d 975 (D.C.Cir.1992) ("Beach I"), we remanded the record to the FCC. The record has now been returned...
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