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COLUMBIA BROADCASTING SYSTEM, INC. v. F. C. C.

Nos. 24655, 24659.

454 F.2d 1018 (1971)

COLUMBIA BROADCASTING SYSTEM, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES of America, Respondents, Democratic National Committee and Republican National Committee, Intervenors. DEMOCRATIC NATIONAL COMMITTEE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Republican National Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1971.

Attorney(s) appearing for the Case

Mr. Timothy B. Dyk, Washington, D. C., for petitioners. Messrs. J. Roger Wollenberg, Ezekiel G. Stoddard, Daniel Marcus and Frank W. Lloyd, III, Washington, D. C., were on the brief for petitioners in No. 24,655.

Mr. Daniel R. Ohlbaum, Deputy Gen. Counsel, Federal Communications Commission, for respondents.

Messrs. Richard E. Wiley, Gen. Counsel, Federal Communications Commission, John H. Conlin, Associate Gen. Counsel, Federal Communications Commission, at the time the brief was filed, and Stuart F. Feldstein, Counsel, Federal Communications Commission, were on the brief for respondents.

Mr. W. Theodore Pierson, Washington, D. C., with whom Mr. James J. Freeman, Washington, D. C., was on the brief, for intervenor Republican National Committee.

Messrs. Joseph A. Califano, Jr., David H. Lloyd and Irvin Nathan, Washington, D. C., were on the brief for petitioner in No. 24,659 and intervenor Democratic National Committee in No. 24,655.

Before WRIGHT, TAMM and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

The question on these appeals is whether the Federal Communications Commission abused its discretion in holding that a 25-minute program broadcast by the Democratic National Committee, setting forth views on public issues in response to views previously presented by the President and presidential spokesmen in a number of broadcast appearances, gave rise to an obligation on the part of the Columbia Broadcasting System to provide comparable...

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