BASIC MEDIA, LTD. v. F. C. C.

Nos. 76-1271, 76-1513 and 76-1514.

559 F.2d 830 (1977)

BASIC MEDIA, LTD., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Gaffney Broadcasting Company, Intervenor. BASIC MEDIA, LTD., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. BASIC MEDIA, LTD., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 1977.


Attorney(s) appearing for the Case

Norman E. Jorgensen, Washington, D. C., for petitioner.

Julian Rush, Counsel, F. C. C., Washington, D. C., for respondents.

Werner K. Hartenberger, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Richard J. Bodorff, Counsel, F. C. C., and Edward E. Lawson, Atty., Dept. of Justice, Washington D. C., were on the brief, for respondents. Ashton R. Hardy, Gen. Counsel, F. C. C., Washington D. C., at the time the record was filed entered an appearance for respondents. Barry Grossman, Robert B. Nicholson, Samuel R. Simon and Carl D. Lawson, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent United States of America.

Richard M. Riehl, Washington, D. C., with whom Michael H. Bader and Raymond C. Fay, Washington, D. C., were on the brief, for intervenor.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.


Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

The present appeal arises from three decisions of the Federal Communications Commission regarding FM radio licensing in and around Gaffney, South Carolina and Asheville, North Carolina. Basic Media, Ltd., appeals from the Commission's renewal of the FM-license of WAGI-FM (Gaffney, South Carolina, with broadcast tower in Forest City, North Carolina) (No. 76-1513), granting of...

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