GTE CALIFORNIA, INC. v. F.C.C.

No. 93-70924.

39 F.3d 940 (1994)

GTE CALIFORNIA, INC., Petitioner, Pacific Bell; Nevada Bell; National Cable Television Association, Inc. ("NCTA"); Pacific Telesis Group, Intervenors, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, California Cable Television Association; National Cable Television Association, Inc., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1994.


Attorney(s) appearing for the Case

Roy T. Englert, Jr., Michael McConnell, Mayer, Brown & Platt, Washington, DC, for petitioner.

Douglas Letter, U.S. Dept. of Justice, Washington, DC, for respondents.

Michael K. Kellogg, Kellogg, Huber & Hansen, Washington, DC, for intervenors Pacific Telesis Group, Pacific Bell and Nevada Bell.

Michael S. Schooler, Dow, Lohnes & Alberson, and Bruce D. Sokler, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Washington, DC, for respondent-intervenors California Cable Television Ass'n and Nat. Cable Television Ass'n, Inc.

Before: FERGUSON, NOONAN, and T.G. NELSON, Circuit Judges.


Opinion by Judge T.G. NELSON; Dissent by Judge NOONAN.

T.G. NELSON, Circuit Judge:

I.

OVERVIEW

In 1970, the Federal Communications Commission (FCC or Commission) issued rules prohibiting local telephone common carriers from providing cable television service in the area in which they controlled the local exchange.1

In 1984, Congress amended the Communications Act by adopting what is now codified

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