CAPITAL CITIES COMMUNICATIONS, INC. v. F. C. C.

Nos. 75-1503 and 75-1504.

554 F.2d 1135 (1976)

CAPITAL CITIES COMMUNICATIONS, INC., et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1976.


Attorney(s) appearing for the Case

Joel Rosenbloom, Washington, D. C., with whom Stephen A. Weiswasser and A. Stephen Hut, Jr., Washington, D. C., were on the brief for appellants-petitioners in Nos. 75-1503, 75-1504, 75-2274 and 75-2275. Richard D. Paisner, Washington, D. C., also entered an appearance for appellants-petitioners in Nos. 75-1503 and 75-1504. Marianne K. Smythe, Washington, D. C., also entered an appearance for petitioner in No. 75-2274.

C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Associate General Counsel, Diana L. Evans, Counsel, F. C. C., Robert B. Nicholson and Laurence K. Gustafson, Attys., Dept. of Justice, Washington, D. C., were on the brief for appellee-respondent. Barry Grossman, Atty., Dept. of Justice, Washington, D. C., entered an appearance for respondent United States of America in No. 75-2274.

Warren C. Zwicy, Washington, D. C., was on the brief for appellant in No. 75-1545.

John M. Duty and James A. Gammon, Washington, D. C., were on the brief for appellant-petitioner in Nos. 75-1541, 75-1548 and 75-1549.

Joel Rosenbloom, Stephen A. Weiswasser and A. Stephen Hut, Jr., Washington, D. C., filed a brief on behalf of Lin Broadcasting Corp. as amicus curiae in Nos. 75-1503, 75-1504, 75-1541, 75-1545, 75-1548, 75-1549, 75-1552 and 75-1553 urging reversal.

Steven R. Rivkin, Washington, D. C., filed a brief on behalf of Hanson Communications, Inc., as amicus curiae in Nos. 75-2274 and 75-2275 urging reversal.

Before TAMM and MacKINNON, Circuit Judges, and KAUFMAN, United States District Judge for the District of Maryland.


Opinion for the court filed by MacKINNON, Circuit Judge.

Concurring opinion filed by TAMM, Circuit Judge.

MacKINNON, Circuit Judge:

Petitioners-appellants1 (hereinafter, "petitioners") seek review of the fees charged by the Federal Communications Commission (FCC) under the authority of 31 U.S.C. § 483a (1970)2 in the Commission's 1970 fee schedule...

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