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

No. 75-1007.

533 F.2d 1 (1976)

COMMITTEE FOR OPEN MEDIA, and Community Coalition for Media Change, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Focas Cable of Oakland, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1976.

Attorney(s) appearing for the Case

Curtis T. White, Washington, D. C., with whom Ellen S. Agress, New York City, and Frank W. Lloyd, III, Washington, D. C., were on the brief for petitioners.

Julian R. Rush, Jr., Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, F. C. C. and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents. Joseph A. Marino, Associate Gen. Counsel, F. C. C., Washington, D. C., at the time the record was filed, also entered an appearance for respondents.

Jay E. Ricks, Washington, D. C., with whom Gardner F. Gillespie, Washington, D. C., was on the brief for intervenor.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

PER CURIAM:

In 1972, the Federal Communications Commission ("FCC" or "Commission") promulgated new rules for cable television stations ("CATV"). These rules required, inter alia, that stations, after receiving local franchises, obtain from the FCC certificates indicating compliance with certain federal requirements. Cable systems lawfully broadcasting signals prior to March 31, 1972, were exempted, however. This appeal challenges FCC orders which held that...

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