KIRO, INC. v. F. C. C.

Nos. 75-1233 and 75-1390.

545 F.2d 204 (1976)

KIRO, INCORPORATED, Licensee, KIRO-TV, Seattle, Washington, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Vanhu, Inc., Intervenor. KIRO, INCORPORATED, Licensee of KIRO-TV, Seattle, Washington, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, United Community Antenna Systems, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1976.


Attorney(s) appearing for the Case

Leon T. Knauer, Washington, D. C., with whom Robert W. Barker and H. Michael Semler, Washington, D. C., were on the brief for petitioner.

Julian R. Rush, Jr., Counsel, Federal Communications Commission, Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, Federal Communications Commission, Carl D. Lawson and Samuel R. Simon, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents. Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, Washington, D. C., at the time the record was filed also entered an appearance for respondents.

Harry M. Plotkin, George H. Shapiro and Mary Candace Fowler, Washington, D. C., were on the brief for intervenor in No. 75-1390.

Richard L. Brown, Washington, D. C., entered an appearance for intervenor in No. 75-1233.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and JUSTICE, United States District Judge for the Eastern District of Texas.


Opinion for the court filed by BAZELON, Chief Judge.

BAZELON, Chief Judge:

Petitioner KIRO, Inc. (KIRO), the CBS television affiliate in Seattle, Washington seeks review of Federal Communications Commission determinations in two separate but related proceedings.1 KIRO had requested the Commission to prohibit certain Seattle cable systems, Vanhu, Inc. (Vanhu) and several subsidiaries of Viacom, Inc. (United Community) from prereleasing...

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