COMMITTEE FOR OPEN MEDIA v. F. C. C.

No. 73-2068.

543 F.2d 861 (1976)

COMMITTEE FOR OPEN MEDIA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Chronicle Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 1976.

Rehearing Denied March 1, 1976.


Attorney(s) appearing for the Case

Charles M. Firestone, Washington, D. C., with whom Ellen S. Agress, New York City, was on the brief, for appellant.

Joseph A. Marino, Associate Gen. Counsel, F. C. C., Washington, D. C., with whom Daniel R. Ohlbaum, Acting Gen. Counsel, and Louise A. Sunderland, Counsel, F. C. C., Washington, D. C., were on the brief, for appellee. John W. Pettit, Gen. Counsel, F. C. C., Washington, D. C., at the time the record was filed, Ashton R. Hardy, Gen. Counsel, F. C. C., and R. Michael Senkowski, Counsel, F. C. C., Washington, D. C., also entered appearances for appellee.

Robert L. Heald, Edward F. Kenehan and Marjorie S. Reed, Washington, D. C., were on the brief for intervenor.

John B. Summers, Washington, D. C., lodged a brief on behalf of National Association of Broadcasters as amicus curiae.

Before LUMBARD, for the Second Circuit, and McGOWAN and ROBINSON, Circuit Judges.


ROBINSON, Circuit Judge:

The Communications Act of 19341 empowers the Federal Communications Commission to grant licenses for operation of broadcasting stations2 for maximum terms of three years only.3 Ordinarily, then, licensees must apply for renewal not less frequently than every third year as existing licenses are about to expire. When a substantial question about renewal arises...

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