American Telephone and Telegraph Company v. Federal Communications Commission and the United States of America, Data Transmission Company, Intervenors

MULLIGAN, Circuit Judge:

This is a petition by the American Telephone & Telegraph Company (AT&T) for review 1 of a portion of a Federal Communications Commission (FCC) order, 25 F.C.C.2d 957 (1970), reconsideration denied, 40 F.C.C.2d 149 (1973), in which the FCC adopted Rule 61.58, now codified at 47 C.F.R. § 61.58 (1973), 2 which revises the procedures that govern the filing of interstate tariffs by communications common carriers. The sole question raised by the petition is whether Section 203(b) of the Communications Act of 1934, 47 U. S.C. § 203(b), 3 which gives the FCC the power in its…