Legal Opinion

General Telephone Co. of Southwest v. United States

Court of Appeals for the Fifth Circuit

Decided September 14, 1971No. 29246PublishedCited by 37 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

This case involves consolidated petitions to review certain orders of the Federal Communications Commission. The disputed rules prohibit telephone companies (hereafter carriers) from furnishing CATV service in their telephone service areas, either directly or through affiliates, and disallows construction by them of cable facilities for independent CATV operators unless the carrier first offers to such operators the option of placing their own cables on the carriers’ poles. We affirm the Commission’s orders.

BACKGROUND

A community antenna television system (CATV) is a…

2Cases cited54 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  3. Nebbia v. New YorkSupreme Court of the United States · 1934
  4. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  5. National Broadcasting Co. v. United StatesSupreme Court of the United States · 1943

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3Cited by37 opinions

  1. Home Box Office, Inc. v. Federal Communications Commission and United States of America, Professional Baseball, IntervenorsCourt of Appeals for the D.C. Circuit · 1977
  2. Industrial Welfare Commission v. Superior CourtCalifornia Supreme Court · 1980
  3. United States v. Midwest Video Corp.Supreme Court of the United States · 1972
  4. Computer and Communications Industry Association v. Federal Communications Commission and United States of America, North American Telephone Association, Utilities Telecommunications Council, Tymnet, Inc., Continental Telephone Corporation, Xerox Corporation, Hazeltine Corporation, Alarm Industry Telecommunications Committee of the National Burglar & Fire Alarm Association, Rca Global Communications, Inc., Satellite Business Systems, Motorola, Inc., U.S. Telephone & Telegraph Corporation, American Petroleum Institute, Citicorp, Central Telephone & Utilities Corporation, Comsat General Corporation, American Newspaper Publishers Association, Gte Service Corporation, Sperry Univac Division of Sperry Corporation, Communications Satellite Corporation, International Business MacHines Corporation, American Telephone & Telegraph Company, Computer & Business Equipment Manufacturers Association, Control Data Corporation, United Telephone System, Inc., United Computing Systems, Inc., Southern Pacific Communications Company, Western Union Telegraph Company, Aeronautical Radio, Inc., Isa Communications Services, Inc., Independent Data Communications Manufacturers Association, Inc., Association of Data Processing Service Organizations, Inc., Bunker Ramo Corporation, Gte Telenet Communications Corporation, Municipality of Anchorage D/B/A Anchorage Telephone Utility, Louisiana Public Service Commission, Intervenors. The People of the State of California and the Public Utilities Commission of the State of California v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. Independent Data Communications Manufacturers Association, Inc. v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. National Association of Regulatory Utility Commissioners v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. American Newspaper Publishers Association v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. Motorola, Inc. v. Federal Communications Commission and United States of America, International Business MacHines Corp., IntervenorsCourt of Appeals for the D.C. Circuit · 1982
  5. Citizens to Save Spencer County v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1979

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