DEMOCRATIC NATIONAL COMMITTEE v. F. C. C.

Nos. 71-1637, 71-1723.

460 F.2d 891 (1972)

DEMOCRATIC NATIONAL COMMITTEE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., et al., Intervenors. REPUBLICAN NATIONAL COMMITTEE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Democratic National Committee et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1972.


Attorney(s) appearing for the Case

Mr. Joseph A. Califano, Jr., Washington, D. C., with whom Mr. Charles H. Wilson, Jr., Washington, D. C., was on the brief, for petitioner in No. 71-1637 and intervenor Democratic National Committee in No. 71-1723.

Mr. James J. Freeman, Washington, D. C., with whom Mr. W. Theodore Pierson, Washington, D. C., was on the brief, for petitioner in No. 71-1723 and intervenor Republican National Committee in No. 71-1637.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Messrs. Richard E. Wiley, General Counsel at the time the brief was filed, and Charles A. Zielinski, Counsel, Federal Communications Commission, were on the brief, for respondents.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Messrs. James A. McKenna, Jr., Carl R. Ramey and Edward P. Taptich, Washington, D. C., were on the brief, for intervenor American Broadcasting Companies, Inc.

Mr. Timothy B. Dyk, Washington, D. C., with whom Mr. J. Roger Wollenberg, Washington, D. C., was on the brief, for intervenor Columbia Broadcasting System, Inc.

Messrs. Lawrence J. McKay, New York City, Donald J. Mulvihill and Howard Monderer, Washington, D. C., were on the brief for intervenor National Broadcasting Co., Inc.

Mr. Earle K. Moore, New York City, was on the brief for intervenor Office of Communication of the United Church of Christ in No. 71-1723.

Mr. Lee A. Rau, Atty., Department of Justice, entered an appearance for respondent United States of America in No. 71-1637.

Mr. Howard E. Shapiro, Atty., Department of Justice, entered an appearance for respondent United States of America in No. 71-1723.

Before TAMM and MacKINNON, Circuit Judges, and A. SHERMAN CHRISTENSEN, U. S. District Judge for the District of Utah.


TAMM, Circuit Judge:

In these consolidated appeals we are once again asked to review a decision of the Federal Communications Commission (hereinafter either "FCC" or "the Commission") which was issued under the Commission's fairness doctrine. The two petitioners are the Democratic National Committee (hereinafter "DNC") and the Republican National Committee (hereinafter "RNC"). The three major networks, American Broadcasting Companies (ABC), Columbia Broadcasting System...

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