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Kitchen v. Federal Communications Comm'n

Citation: 2 ELR 20534
No. No. 71-1875, 464 F.2d 801/4 ERC 1252/(D.C. Cir., 06/12/1972)

On a petition for review of an order of the Federal Communications Commission, held, that NEPA does not apply to the construction of a telephone exchange building by the Pennsylvania Bell Telephone Company. The court finds no federal action, since the Communications Act of 1934 specifically excludes such facilities from Commission jurisdiction, and the Commission has never sought to exercise such jurisdiction.

Counsel for Plaintiffs
Alan L. Spielman
313 S. 25th St.
Philadelphia, Pa. 19103

David J. Ackerman
1900 Land Title Building
Philadelphia, Pa. 19110

Counsel for Defendants
Charles A. Zielinski

Counsel, FCC
John W. Pettit
General Counsel, FCC
Joseph A. Marino
Associate General Counsel, FCC
Washington, D.C.

Howard E. Shapiro
Attorney, Department of Justice
Washington, D.C.

Counsel for Intervenors
Hugh B. Cox
888 16th St., N.W.
Washington, D.C. 20006

Before WRIGHT, TAMM and ROBB, Circuit Judges.