NATIONAL ASSOCIATION OF INDEPENDENT TELEVISION PRODUCERS AND DISTRIBUTORS et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and The United States of America, Respondents,
American Broadcasting Companies, Inc., et al., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 7, 1975.
Decided April 21, 1975.
Attorney(s) appearing for the Case
Katrina Renouf, Washington, D. C. (Margot Polivy and Edward J. Kuhlmann, Renouf, McKenna & Polivy, Washington, D. C., of counsel), for petitioner Nat. Association of Independent Television Producers and Distributors.
Stuart Robinowitz, New York City (Donald E. Brown, Moses Silverman, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for petitioners Warner Brothers, Inc., Columbia Pictures Industries, Inc., MGM Television, United Artists Corporation, MCA, Inc., Twentieth Century-Fox Television.
Kenneth A. Cox, Washington, D. C. (William J. Byrnes, John Wells King, Ashbrook P. Bryant, Bethesda, Md., Haley, Bader & Potts, Washington, D. C., of counsel), for petitioner Sandy Frank Program Sales, Inc.
John D. Lane, Washington, D. C. (J. Carter McKaig, Ramsey L. Woodworth, Hedrick & Lane, Washington, D. C., of counsel), for petitioner Westinghouse Broadcasting Co., Inc.
Timothy B. Dyk, Washington, D. C. (J. Roger Wollenberg, Sally Katzen, Richard A. Allen, Wilmer, Cutler & Pickering, Washington, D. C., and Eleanor S. Applewhaite, New York City, of counsel), for petitioner and intervenor CBS, Inc.
Thomas N. Frohock, Washington, D. C. (James A. McKenna, Jr., McKenna, Wilkinson & Kittner, Washington, D. C., of counsel), for intervenor American Broadcasting Companies Inc.
Jerome J. Shestack, Philadelphia, Pa. (Bernard G. Segal, Peter S. Greenberg, Deena J. Schneider, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., and Corydon B. Dunham, New York City and Howard Monderer, Washington, D. C., of counsel), for intervenor Nat. Broadcasting Co., Inc.
Frank W. Lloyd, III, Washington, D. C. (Earle K. Moore, New York City, of counsel), for amici National Black Media Coalition, National Organization for Women, National Congress of Hispanic American Citizens, St. Louis Broadcast Coalition, Community Coalition for Media Change, Alabama Media Project and Alabama Civil Liberties Union, National Citizens Committee for Broadcasting, Office of Communication/United Church of Christ, American Civil Liberties Union, Puerto Rican Media Action and Educational Council, Oakland Media, San Francisco Committee on Children's Television, and Media Access Project.
Daniel M. Armstrong, Counsel, Federal Communications Commission (Ashton R. Hardy, Gen. Counsel, Joseph A. Marino, Asst. Gen. Counsel, Charles H. Bell, Jr., and Jack D. Smith, Jr., Counsel, Federal Communications Commission, of counsel), for respondent Federal Communications Commission.
Before FRIENDLY and GURFEIN, Circuit Judges, and BARTELS, District Judge.
United States Court of Appeals, Second Circuit.
GURFEIN, Circuit Judge:
In 1970 the Federal Communications Commission adopted rules and regulations with respect to competition and responsibility in network television broadcasting. 47 C.F.R. §§ 73.658(j) and (k). These rules included rules concerning "prime time access," and "financial interest and syndication". The rules concerning "financial interest and syndication" are relevant, but are not in issue on this appeal.1
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