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NATIONAL ASS'N OF IN. T.V. PRO. & DIS. v. F.C.C.

No. 73-2052.

516 F.2d 760 (1975)

NATIONAL ASSOCIATION OF INDEPENDENT TELEVISION PRODUCERS AND DISTRIBUTORS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Westinghouse Broadcasting Company, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1975.

Attorney(s) appearing for the Case

Katrina Renouf, Washington, D.C., for petitioner.

R. Michael Senkowski, Counsel, Federal Communications Commission, with whom John W. Pettit, Gen. Counsel, Federal Communications Commission at the time the brief was filed, Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief for respondents.

John D. Lane, Washington, D.C., was on the brief for intervenor. Ramsey L. Woodworth, Washington, D.C., also entered an appearance for intervenor.

Before TAMM and MacKINNON, and MERHIGE, for the Eastern District of Virginia.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

In May 1970, in response to increasing network domination of television, the Federal Communications Commission enacted the Prime Time Access Rule (PTAR).1 The rule required that licensees in the nation's fifty largest metropolitan areas broadcast independently produced programming during at least one of the four hours of evening viewing...

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