TIME WARNER ENTERTAINMENT v. FEDERAL COMMUNICATIONS COMM.

No. 97-1263.

144 F.3d 75 (1998)

TIME WARNER ENTERTAINMENT CO., L.P., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1998.


Attorney(s) appearing for the Case

R. Bruce Beckner argued the cause for petitioner, with whom Aaron I. Fleischman, Seth A. Davidson, and Jill K. McClelland were on the briefs.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents, with whom Joel I. Klein, Assistant Attorney General, United States Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel, were on the brief.

Before: SILBERMAN, RANDOLPH, and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion concurring in part and dissenting in part filed by Circuit Judge RANDOLPH.

SILBERMAN, Circuit Judge:

Time Warner Entertainment Company petitions for review of an order of the Federal Communications Commission setting forth the manner in which cable system operators may recoup external cost increases incurred between September 30, 1992 and the date their system first became subject to rate...

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