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PORT ANGELES TELECABLE, INC. v. F. C. C.

No. 22627.

416 F.2d 243 (1969)

PORT ANGELES TELECABLE, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals Ninth Circuit.

August 7, 1969.

Attorney(s) appearing for the Case

Robert D. L'Heureux (argued), E. Stratford Smith, of Smith, Pepper, Shack & L'Heureux, Washington, D. C., for petitioner.

Henry Geller (argued), Gen. Counsel, John H. Conlin, Associate Gen. Counsel, William L. Fishman, Counsel F.C.C., Donald F. Turner, Asst. Atty. Gen., Howard E. Shapiro, Dept. of Justice, Washington, D. C., for respondents.

Paul Dobin, Roy R. Russo, Washington, D. C., for intervenor; Marcus Cohn, Washington, D. C., of counsel.

Before BROWNING and ELY, Circuit Judges, and VON DER HEYDT, District Judge.

BROWNING, Circuit Judge:

This is a petition to review an order of the Federal Communications Commission denying Port Angeles Telecable, Inc.'s petition for waiver of the Commission's nonduplication rule. 47 C.F.R. § 74.1103(f).1 We affirm.

With one exception, petitioner's arguments either were not presented to the Commission,2 or have been rejected in United States v. Southwestern Cable Co.,

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