AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES of America, Respondents, Data Transmission Company et al., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued August 17, 1973.
Decided October 19, 1973.
Attorney(s) appearing for the Case
Hugh B. Cox, Washington, D. C. (Michael Boudin, Washington, D. C., J. Hugh Roff, Jr., Alfred C. Partoll, F. Mark Garlinghouse and Harold J. Cohen, New York City, on the brief), for petitioner American Telephone and Telegraph Company.
Joseph A. Marino, Counsel, FCC, Washington, D. C. (John W. Pettit, Gen. Counsel, and Philip V. Permut, Counsel, FCC, Washington, D. C., on the brief), for respondent FCC.
Thomas E. Kauper, Asst. Atty. Gen., and Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C., for respondent United States.
William J. Byrnes, Washington, D. C. (Michael H. Bader, John Wells King and Haley, Bader & Potts, Washington, D. C., on the brief), for intervenors Microwave Communications, Inc. and MCI Telecommunications Corp.
Joseph M. Kittner, Washington, D. C. (Edward P. Taptich, Norman P. Leventhal, Joseph DeFranco, Howard Monderer and McKenna, Wilkinson & Kittner, Washington, D. C., Robert J. Kaufman, New York City, on the brief), for intervenors American Broadcasting Companies, Inc., Columbia Broadcasting System, Inc. and National Broadcasting Co., Inc.
William B. Lawless, New York City (Mudge Rose, Guthrie & Alexander, New York City, on the brief), for intervenor National Easter Seal Society for Crippled Children and Adults.
Michael L. Glaser, Francis E. Fletcher, Jr. and Glaser & Fletcher, Washington, D. C., John M. Scorce, Vienna, Va., for intervenor Data Transmission Co.
Louis L. Hoynes, Jr., Robert J. Kheel, Alexander H. Hadden and Willkie, Farr & Gallagher, New York City, Paul A. Porter, James F. Fitzpatrick, Gary G. Gerlach and Arnold & Porter, Washington, D. C., for intervenor Commissioner of Baseball.
E. William Henry and Ginsburg, Feldman & Bress, Washington, D. C., for intervenor UPITN Corp.
Before MANSFIELD, MULLIGAN and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
TIMBERS, Circuit Judge:
On this petition by American Telephone and Telegraph Company (AT&T) to review that part of an order1 of the Federal Communications Commission (Commission) which denied special permission to file occasional user tariff revisions applicable to AT&T's private line service for transmission of television programs, the principal issue is whether the Communications Act of 1934 (the Act) authorizes the Commission...
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