NAT. CABLE T.V. ASS'N v. FED. COMMUNICATIONS COM'N

Nos. 91-1649, 91-1656, 92-1068, 92-1071, 92-1072, 92-1529, 92-1538 and 91-1577.

33 F.3d 66 (1994)

NATIONAL CABLE TELEVISION ASSOCIATION, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents. GTE Laboratories and GTE Service Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1994.


Attorney(s) appearing for the Case

William F. Squadron argued the cause, for petitioners the National Ass'n of Telecommunications Officers and Advisors, the Alliance for Community Media, the City of Lee's Summit, MO, the City of New York, the City of St. Louis, MO, and the Miami Valley Cable Council. On the brief were Joseph Van Eaton, Frederick E. Ellrod, III, Norman M. Sinel, Robert Alan Garrett, and William E. Cook, Jr.

Neal M. Goldberg argued the cause, for petitioners National Cable Television Ass'n, Inc., and Cable Telecommunications Ass'n, Inc. With him on the briefs were Daniel L. Brenner, David L. Nicoll, Diane B. Burstein, Stephen R. Effros, James H. Ewalt, H. Bartow Farr, III, Richard G. Taranto, and Frank W. Lloyd, III. Brenda L. Fox, and Michael S. Schooler entered appearances.

John E. Ingle, Deputy Associate Gen. Counsel, Federal Communications Com'n, argued the cause, for respondents. With him on the brief were Daniel M. Armstrong, Associate Gen. Counsel, Laurel R. Bergold and James M. Carr, Counsel, FCC, Anne K. Bingaman, Asst. Atty. Gen., and Robert B. Nicholson and Robert J. Wiggers, Attys., U.S. Dept. of Justice. Laurence N. Bourne, Counsel, Federal Communications Com'n, and James W. Lowe, Atty., U.S. Dept. of Justice, entered appearances.

Michael K. Kellogg, Bell Companies, argued the cause, for intervenors in support of respondents. With him on the brief were Edward W. O'Neill, Mark Fogelman, People of the State of Cal. and the Public Utilities Commission of the State of Cal., James R. Hobson, Jeffrey O. Moreno, GTE Domestic Telephone Operating Companies, and GTE Service Corp., M. Robert Sutherland, Bell-South, Richard W. Odgers, Margaret deB. Brown, James Tuthill and Lucille Mates, Pacific Telesis Group, James R. Young and Michael E. Glover, Bell Atlantic Corp., Shelley E. Harms, N.Y. Telephone Co. and New England Telephone Co. (NYNEX), James D. Ellis, and Martin E. Grambow, Southwestern Bell Corp.

On the briefs for intervenors in support of petitioner Local Community Coalition were Nicholas P. Miller, Joseph Van Eaton, and Frederick E. Ellrod, III.

William B. Barfield entered an appearance for intervenor BellSouth Corp. Francine J. Berry, Marc E. Manley, and David Condit entered appearances, for intervenor American Telephone & Telegraph Co. Mark Tauber and Nora E. Garrote entered appearances for intervenor Telesat Cablevision, Inc. Robert B. McKenna and Lawrence E. Sargeant entered appearances, for intervenor U.S. West, Inc. Thomas J. Casey and Jay L. Birnbaum entered appearances for intervenor Central Telephone Co. Charles D. Gray and James Bradford Ramsey entered appearances for intervenor National Ass'n of Regulatory Utility Commissioners. Joan M. Griffin entered an appearance, for intervenors GTE, et al. Mary McDermott and Donald W. Boecke entered appearances, for intervenors N.Y. Telephone Co., et al. David Cosson and L. Marie Guillory entered appearances, for intervenor National Telephone Cooperative Ass'n. Alfred W. Whittaker and Floyd S. Keene entered appearances, for intervenor Ameritech Operating Companies. John Thorne and Michael D. Lowe entered appearances, for intervenor Bell Atlantic Telephone Companies. James L. Wurtz entered an appearance, for intervenor Pacific Bell & Nevada Bell. Angela J. Campbell entered an appearance, for intervenor Consumer Federation of America. Terry G. Davis entered an appearance, for intervenor Alabama Public Service Com'n. Michael D. Berg entered an appearance, for intervenor Local Community Coalition. Henry L. Baumann and Terry L. Etter entered appearances, for intervenor National Ass'n of Broadcasters. William T. Lake entered an appearance, for intervenor Intern. Business Machines Corp. Martin T. McCue entered an appearance, for intervenor U.S. Telephone Ass'n.

Before WILLIAMS, GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Various cable industry associations and local franchising authorities petition for review of the Federal Communications Commission's determination that neither a telephone company providing "video dialtone" service, nor a video programmer that uses the service to reach subscribers, is subject to the franchise requirement of § 621(b)(1) of the Cable Communications Policy Act...

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