WESTERN UNION INTERN., INC. v. F. C. C.

Nos. 80-1286, 80-1287 and 80-1310.

673 F.2d 539 (1982)

WESTERN UNION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company, TRT Telecommunications Corporation, RCA Global Communications, Inc., ITT World Communications, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 1982.


Attorney(s) appearing for the Case

H. Richard Schumacher, New York City, with whom Donald J. Mulvihill, and Susan P. Serota, Washington, D.C., were on the brief, for RCA Global Communications, Inc., petitioner in No. 80-1310 and intervenor in No. 80-1287.

Lawrence W. Secrest, III, Washington, D.C., with whom Danny E. Adams, Robert Michelson, Robert E. Conn, and John M. Scorce, Washington, D.C., were on the brief, for Western Union International, Inc., petitioner in Nos. 80-1286 and 80-1287.

John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Sanford M. Litvack, Asst. Atty. Gen., Dept. of Justice, Robert R. Bruce, General Counsel, David J. Saylor, Deputy Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Jane E. Mago, Counsel, F.C.C., and Barry M. Grossman, John J. Powers, III, and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

J. Richard Devlin, Long Valley, N.J., with whom Robert E. Boone, Jr., Bedminster, N.J., Burton K. Katkin, and Gerald E. Murray, New York City, were on the brief, for American Telephone and Telegraph Co., intervenor in Nos. 80-1286, 80-1287, and 80-1310.

Lloyd D. Young, Washington, D.C., entered an appearance for TRT Telecommunications Corp., intervenor in Nos. 80-1286, 80-1287, and 80-1310.

John A. Ligon, New York City, entered an appearance for ITT World Communications, Inc., intervenor in Nos. 80-1287 and 80-1310.

Before SWYGERT, Senior Circuit Judge for the United States Court of Appeals for the Seventh Circuit; ROBB and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Two related Federal Communications Commission (FCC) orders are before us for review on the petitions of two of the four dominant international record carriers (IRCs), Western Union International, Inc. (WUI), and RCA Global Communications, Inc. (RCA).1 The first of these orders (the Dataphone order)2 removes the "voice...

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