UNITED STATES TELEPHONE ASSOCIATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
National Telephone Cooperative Association; National Association of Broadcasters; Mobile Marine Radio, Inc.; Telocator; US West Communications, Inc.; National Association for the Advancement of Colored People; National Black Media Coalition; Office of Communication of the United Church of Christ; the League of United Latin American Citizens, Invervenors,
UNITED STATES TELEPHONE ASSOCIATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
US West Communications, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 25, 1994.
Decided July 12, 1994.
Attorney(s) appearing for the Case
John Gibson Mullan, Washington, DC, argued the cause for petitioner. With him on the briefs were Mitchell F. Hertz, Martin T. McCue, and Linda L. Kent, Washington, DC. Alfred W. Whittaker, Washington, DC, entered an appearance.
Laurel R. Bergold, Counsel, F.C.C., Washington, DC, argued the cause for respondents. With her on the brief were Daniel M. Armstrong, Associate General Counsel, F.C.C., John E. Ingle, Deputy Associate General Counsel, F.C.C., Anne K. Bingaman, Asst. Atty. Gen., and Robert B. Nicholson and Robert J. Wiggers, Attys., U.S. Dept. of Justice, Washington, DC. James M. Carr, Counsel, F.C.C., Washington, DC, entered an appearance.
On the brief for intervenors Civil Rights Organizations were Dennis Courtland Hayes, General Counsel, National Ass'n for the Advancement of Colored People, Baltimore, MD, Everald Thompson, Associated General Counsel, National Ass'n, for the Advancement of Colored People, Columbia, MD, and David Honig, Miami, FL.
David Cosson and L. Marie Guillory, Washington, DC, entered an appearance for intervenor National Telephone Co-op. Ass'n.
Henry L. Baumann and Barry D. Umansky, Washington, DC, entered an appearance for intervenor National Ass'n of Broadcasters.
Martin W. Bercovici, Washington, DC, entered an appearance for intervenor Mobile Marine Radio, Inc.
Ray M. Senkowski, Washington, DC, entered an appearance for intervenor Telocator.
Robert B. McKenna, Jr., Denver, CO, entered an appearance for intervenor US West Communications, Inc.
Before: WALD, SILBERMAN, and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
The Commission issued, without notice and comment, a schedule of base penalties and adjustments to determine the appropriate fines for violations of the Communications Act. We conclude that the penalty schedule is not a policy statement and, therefore, should have been put out for comment under the Administrative Procedure Act.
I.
Section 503(b) of the Communications...
Let's get started
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.
