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DEMOCRATIC NATIONAL COMMITTEE v. F. C. C.

No. 72-1314.

481 F.2d 543 (1973)

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

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Charles H. Wilson, Jr., Washington, D. C., with whom Joseph A. Califano, Jr., Washington, D. C., was on the brief for petitioner.

Jon H. Marple, Counsel, F. C. C., with whom John W. Pettit, Gen. Counsel, Joseph A. Marino, Associate Gen. Counsel, and Charles A. Zielinski, Counsel, F. C. C., were on the brief, for respondents.

Timothy B. Dyk, Washington, D. C., with whom J. Roger Wollenberg, Daniel Marcus and Stephen F. Black, Washington, D. C., were on the brief, for intervenor, Columbia Broadcasting System, Inc.

Lawrence J. McKay, New York City, Donald J. Mulvihill, Laurence T. Sorkin and Raymond A. Messina, Washington, D. C., were on the brief, for intervenor, National Broadcasting Co., Inc.

James A. McKenna, Jr., and Carl R. Ramey, Washington, D. C., entered appearances for intervenor, American Broadcasting Cos., Inc.

Before WINTER, Circuit Judge for the Fourth Circuit, and MacKINNON and ROBB, Circuit Judges.

MacKINNON, Circuit Judge:

Once again we are confronted with the issue on appeal of whether the FCC has properly applied its fairness doctrine to a particular set of facts. The petitioner, the Democratic National Committee (hereinafter DNC), contends that the Commission erred in determining that the three major television networks had acted reasonably in pursuing their obligation to provide adequate coverage of public issues in their refusal in August-October 1971...

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