TEXAS UTILITIES ELECTRIC COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
TCI Cablevision of Dallas, Inc.; Florida Power & Light Company, MFS Communications Company, Inc.; United States Telephone Association; National Cable Television Association, Inc.; Community Antenna Television Association, Inc.; Utilities Telecommunications Council; Duke Power Company; Continental Cablevision, Inc.; Monongahela Power Company, the Potomac Edison Company and West Penn Power Company (APS Operating Companies); South Carolina Electric & Gas Company; American Electric Power Service Corporation; Carolina Power and Light Company; Virginia Electric and Power Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 14, 1993.
Decided June 25, 1993.
Attorney(s) appearing for the Case
Michael D. Paul argued the cause for petitioner. With him on the briefs was Michael W. Faber.
John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., argued the cause for respondents. With him on the briefs were Renee Licht, Acting Gen. Counsel, and Gregory M. Christopher, Counsel, F.C.C., Robert B. Nicholson and James W. Lowe, Attys., U.S. Dept. of Justice. Robert L. Pettit also entered an appearance for respondent F.C.C.
Paul Glist, John D. Seiver and Robert G. Scott, Jr., filed the briefs for intervenors TCI Cablevision of Dallas, Inc., National Cable Television Ass'n, Inc., Community Antenna Television Ass'n, Inc., and Continental Cablevision, Inc. Michael S. Schooler, David L. Nicoll and Diane B. Burstein entered appearances for intervenor Nat. Cable Television Ass'n, Inc. Gardner F. Gillespie entered an appearance for intervenor Continental Cablevision, Inc.
Mark J. Tauber and Nora E. Garrote entered appearances for intervenor Florida Power & Light Co.
Andrew D. Lipman, Jean L. Kiddoo and Helen E. Disenhaus entered appearances for intervenor MFS Communications Co., Inc.
Martin McCue and James R. Hobson entered appearances for intervenor U.S. Telephone Ass'n.
Jeffrey L. Sheldon entered an appearance for intervenor Utilities Telecommunications Council.
Michael W. Faber and Michael D. Paul entered appearances for intervenor Duke Power Co.
Philip J. Bray, Hegerstown, MD, entered an appearance for intervenors Monongahela Power Co., the Potomac Edison Co., and West Penn Power Co. (APS Operating Companies).
Shirley S. Fujimoto and Kris Anne Monteith entered appearances for intervenors American Electric Power Service Corp., Carolina Power and Light Co., and Virginia Elec. and Power Co. Shirley S. Fujimoto with whom Kris Anne Monteith entered an appearance for intervenor South Carolina Elec. & Gas Co.
Before WALD, HENDERSON and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
This case comes to us as part of a second round in an ongoing battle over the rates that utilities may charge to cable television companies for attachments of cables to their poles. The first round commenced over twenty years ago when the nascent cable television industry turned to the poles owned by telephone and electric utilities as the only feasible method for building a network to...
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