ACTION FOR CHILDREN'S TELEVISION v. F.C.C.

No. 86-1425.

821 F.2d 741 (1987)

ACTION FOR CHILDREN'S TELEVISION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Cox Communications, Inc., Capital Cities/ABC, Inc., CBS, Inc., Tribune Broadcasting Co., The Association of Independent Television Stations, Inc., National Association of Broadcasters, John W. DeTar, National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1987.


Attorney(s) appearing for the Case

Daniel Warshawsky and Henry Geller, Washington, D.C., with whom Douglas K. Parker and Donna Lampert were on the brief, for petitioners.

C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., with whom Diane S. Killory, General Counsel, Daniel M. Armstrong, Associate General Counsel, F.C.C., Catherine G. O'Sullivan and Donald S. Clark, Attys., Dept. of Justice were on the brief, for respondents.

Timothy B. Dyk, Washington, D.C., with whom Philip D. Anker, Steven A. Schneider, Henry L. Baumann, Barry D. Umansky and J. Laurent Scharff were on the brief for intervenors, CBS, Inc., et al.

Werner K. Hartenberger, Washington, D.C., entered an appearance for intervenor, Cox Communications, Inc.

J. Roger Wollenberg and Joel Rosenbloom, Washington D.C., entered appearances for intervenor, Capital Cities/ABC, Inc.

Robert A. Beizer, Washington, D.C., entered an appearance for intervenor, Tribune Broadcasting Co.

David G. Rozzelle and Kathryn Riley Dole, Washington, D.C., entered appearances for intervenor, John W. DeTar.

Before EDWARDS and STARR, Circuit Judges, and SWYGERT, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case brings before us two issues pertaining to the Federal Communications Commission's regulation of television broadcasting. Petitioners Action for Children's Television and Black Citizens for a Fair Media ("ACT" or "petitioners") allege, first, that the Commission failed to engage in "reasoned decisionmaking" in withdrawing its long-standing...

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