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OFFICE OF COMMUNICATION, ETC. v. F. C. C.

No. 676, Docket 76-4187.

560 F.2d 529 (1977)

OFFICE OF COMMUNICATION OF the UNITED CHURCH OF CHRIST, National Urban League, National Association for the Advancement of Colored People, Communications Commission of the National Council of the Churches of Christ in the USA, and UNDA-USA, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Black Media Coalition, National Organization for Women, Boston Broadcasters, Inc., American Broadcasting Companies, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided August 5, 1977.

Attorney(s) appearing for the Case

Ellen Shaw Agress, New York City (Earle K. Moore, Nathaniel R. Jones, Moore, Berson & Lifflander, New York City, of counsel), for petitioners.

Collot Guerard, Washington, D. C. (Mark S. Carlin, Law Student Intern, Media Access Project, Washington, D. C., of counsel), for intervenor National Organization for Women.

Nolan A. Bowie, Frank W. Lloyd III, Washington, D. C. (Emil Ward, Student Intern, Citizens Communication Center, Washington, D. C., of counsel), submitted a brief for intervenor National Black Media Coalition.

Benito Gaguine, Herbert M. Schulkind, Howard J. Braun, Eric S. Kravetz, Fly, Shuebruk, Blume, Gaguine, Boros & Schulkind, Washington, D. C., submitted a brief for intervenor Boston Broadcasters, Inc.

Raymond L. Strassburger, Counsel, F.C.C., Washington, D. C. (Werner K. Hartenberger, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Donald I. Baker, Asst. Atty. Gen., Barry Grossman, Joen Grant, Attys., Dept. of Justice, Washington, D. C., of counsel), for respondents.

Before MEDINA and OAKES, Circuit Judges, and MISHLER, District Judge.

OAKES, Circuit Judge:

Petitioners seek review pursuant to 47 U.S.C. § 402(a) of an order of the Federal Communications Commission (the Commission or FCC). The order adopted new guidelines for the preparation by broadcast applicants of written equal employment opportunity (EEO) programs to be filed with their broadcast license renewal applications. It also amended the Commission's EEO rules applicable to broadcast licensees by changing the employment threshold...

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