RESPONDENT: United States
LOCATION: North DeKalb Shopping Mall
DOCKET NO.: 72-948
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 415 US 352 (1974)
ARGUED: Dec 03, 1973
DECIDED: Mar 04, 1974
Edward R. Korman - for respondents
Stuart F. Feldstein - for petitioner
Facts of the case
Media for National Cable Television Assn., Inc. v. United StatesAudio Transcription for Oral Argument - December 03, 1973 in National Cable Television Assn., Inc. v. United States
Audio Transcription for Opinion Announcement - March 04, 1974 in National Cable Television Assn., Inc. v. United States
Warren E. Burger:
Thank you, Mr. Justice Brennan.
The disposition in 72-948, National Cable Television against the United States, and 72-1162, Federal Power Commission against New England Power, will be announced by Mr. Justice Douglas.
William O. Douglas:
In these two cases, Mr. Justice Blackmun and Mr. Justice Powell take no part.
In number 948, the first one involving the CATV, a trade association, Mr. Justice Marshall has filed a dissenting opinion, which Mr. Justice Brennan joins.
In the second case, Federal Power Commission versus New England Power, Mr. Justice Marshall has concurred in the result in a separate opinion in which Mr. Justice Brennan joins.
These two cases involve an act passed by Congress in 1952 called the Independent Offices Appropriation Act, which authorize each Federal agency to prescribe by regulation such fee for the agencies services as is determined to be fair and equitable taking into consideration the direct and indirect cost of the Government of the value to the recipient, public policy or interest served, and other pertinent facts.
In the first case, National Cable Television Association case, the Federal Communications Commission established a fee which was challenged in the Court of Appeals in the Fifth Circuit, and the Fifth Circuit Court of Appeals sustained the commissions action.
In the second case, the Federal Power Commission established the so called fee for service rendered in New England Power company and on review, that was set aside by the Court of Appeals for the District of Columbia.
We conclude for reasons stated in two opinions filed with the clerk that these fees set by these two commissions did not comport with the law or out of line with the requirements of the law, and that both agency actions must be disapproved which results in reversing in the National Cable Television Association case and affirming in the New England Power case.
Warren E. Burger:
Thank you, Mr. Justice Douglas.