NORTH CAROLINA UTILITIES COMMISSION ET AL.

v.

FEDERAL COMMUNICATIONS COMMISSION ET AL.; UNITED STATES INDEPENDENT TELEPHONE ASSN. ET AL. V. FEDERAL COMMUNICATIONS COMMISSION ET AL.; AMERICAN TELEPHONE & TELEGRAPH CO. ET AL. V. FEDERAL COMMUNICATIONS COMMISSION ET AL.; AND UNITED SYSTEM SERVICE, INC., ET AL. V. FEDERAL COMMUNICATIONS COMMISSION ET AL.

Citator

Cited By

• Litton Sys., Inc. v. Am. Tel. & Tel. Co., 700 F.2d 785 (2d Cir. 1983)
  …protective circuitry, Interstate and Foreign Message Toil Telephone Service, 58 F.C.C.2d 736 (1976) (Second Report & Order). The FCC’s order was affirmed on appeal. North Carolina Utilities Commission v. FCC, 552 F. 2d 1036 (4th Cir.), cert, denied, 434 U.S. 874, 98 S.Ct. 222, 54 L.Ed.2d 154 (1977).13 Thus, as of October 1977, after certiorari was denied by the Supreme Court, interconnection of non-AT & T equipment employing protective circuitry became a possibility. Finally, in April of 1978, the FCC issue…
• Ne. Tel. Co. v. Am. Tel. & Tel. Co., 651 F.2d 76 (2d Cir. 1981)
  …Report and Order, 56 F.C.C.2d 593 (1975); Second Report and Order, 58 F.C.C.2d 736, on reconsideration, 61 F.C.C.2d 396 (1976), 64 F.C.C.2d 1058, aff’d sub nom. North Carolina Utilities Commission v. F.C.C., 552 F. 2d 1036 (4th Cir.), cert. denied, 434 U.S. 874, 98 S.Ct. 222, 54 L.Ed.2d 154 (1977). Northeastern does not challenge the legality of the invalidated tariff. It contends instead that the protective couplers were intentionally overdesigned, making them unnecessarily expensive and subject to break…
• United States v. Valencia, 645 F.2d 1158 (2d Cir. 1980)
  …Y. 498, 200 N.E. 288 (1936); it is not a rule of compulsion. Although it is unusual for one panel to acknowledge that it is overruling another, but see North Carolina Utilities Commission v. F.C.C., 552 F. 2d 1036, 1044-45 (4th Cir.), cert. denied, 434 U.S. 874, 98 S.Ct. 222, 54 L.Ed.2d 154 (1977), a panel may overturn precedent implicitly by simply ignoring it. Alternatively, the panel may mislabel bind [*1177] ing precedent as dictum. Finally, and this is the most invidious alternative, the panel may mis…