NATIONAL CITIZENS COM. FOR BROADCASTING v. F. C. C.

Nos. 75-1064, 75-1152, 75-1289, 75-1379, 75-1386, 75-1387, 75-1388, 75-1567, 75-1614 and 75-1618.

555 F.2d 938 (1977)

NATIONAL CITIZENS COMMITTEE FOR BROADCASTING, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Elyria-Lorain Broadcasting Co., et al., Intervenors. OWOSSO BROADCASTING COMPANY, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, KSL, Inc., Intervenor. NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondent, KSL, Inc., Intervenor. WJAG, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, WHAS, Inc., Louisiana Television Broadcasting Corp., Intervenors. The OGDEN NEWSPAPERS, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, KSL, Inc., Intervenor (two cases). DAILY TELEGRAPH PRINTING COMPANY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, WHAS, Inc., Louisiana Television Broadcasting Corporation, KSL, Inc., Intervenors. AMERICAN NEWSPAPER PUBLISHERS ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, KSL, Inc., Intervenor. The BROCKWAY COMPANY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, KSL, Inc., Intervenor. GRAY COMMUNICATIONS SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, KSL, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 1977.


Attorney(s) appearing for the Case

Frank W. Lloyd, III, with whom Charles M. Firestone and Henry Geller, Washington, D. C., were on the brief for petitioner in No. 75-1064.

Thomas H. Wall, Washington, D. C., with whom Suzanne Meyer, New York City, Jon H. Marple, B. Dwight Perry and Alan C. Campbell, Washington, D. C., were on the brief for petitioners in Nos. 75-1263 and 75-1387.

Lee Loevinger, Robert R. Bruce, James H. Sneed and Jonathan S. Kahan, Washington, D. C., were on the brief for petitioner in No. 75-1289. Martin Michaelson, Washington, D. C., also entered an appearance for petitioner in No. 75-1289.

Aloysius B. McCabe, Washington, D. C., with whom Michael Yourshaw and Arthur B. Hanson, Washington, D. C., were on the brief for petitioner in No. 75-1567 and intervenor American Newspaper Publishers Association in No. 75-1064.

John P. Southmayd, Washington, D. C., with whom Richard R. Zaragoza, Washington, D. C., was on the grief for petitioner in No. 75-1614.

Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., with whom Barry Grossman, Atty., Dept. of Justice, Washington, D. C., was on the brief for respondent, United States of America.

Werner K. Hartenberger, Counsel, F. C. C., Washington, D. C., for respondent F. C. C., Ashton R. Hardy, Gen. Counsel, F. C. C., Daniel M. Armstrong, Associate Gen. Counsel, Charles H. Bell, Jr., Willard R. Nichols and Sheldon M. Guttmann, Counsel, F. C. C., Washington, D. C., were on the brief for respondent, F. C. C. Joseph A. Marino, Gregory Christopher and Stephen A. Sharp, Attys., F. C. C., Washington, D. C., also entered appearances for respondent F. C. C.

Ernest W. Jennes, Washington, D. C., with whom Russell H. Carpenter, Jr., Washington, D. C., was on the brief for intervenors The Washington Post Company and Post-Newsweek Stations, Capitol Area Inc., Nicholas W. Fels, Washington, D. C., also entered an appearance for intervenors The Washington Post Co., et al.

William J. Dempsey, Frederick H. Walton, Jr., and Christopher J. Reynolds, Washington, D. C., were on the brief for intervenor Belo Broadcasting Corporation.

Paul Dobin, Washington, D. C., was on the brief for intervenor Louisiana Television Broadcasting Corporation.

James E. Greeley and Lawrence J. Bernard, Jr., Washington, D. C., were on the brief for petitioner in No. 75-1152.

Richard Hildreth, Washington, D. C., was on the brief for petitioner in No. 75-1379.

R. Russell Eagan and Robert A. Beizer, Washington, D. C., were on the brief for petitioner in No. 75-1618.

Lee M. Mitchell, Washington, D. C., was on the brief for intervenor WHAS, Inc., in Nos. 75-1064, 75-1379 and 75-1387.

Glen A. Wilkinson, Robert W. Barker and William R. Loftus, Washington, D. C., were on the brief for intervenor KSL, Inc.

John H. Midlen and Dennis F. Begley, Washington, D. C., were on the brief for intervenors KNUJ, Inc., Michelson Media and The Post Company.

Louis J. Sirico, Jr., and Martin H. Rogol, Hartford, Conn., filed a brief on behalf of Public Interest Research Group, et al. as amici curiae.

Marcus Cohn, Paul Dobin and Martin J. Gaynes, Washington, D. C., entered appearances for intervenors Elyria-Lorain Broadcasting Co. and WEEU Broadcasting Co.

James P. Holden, Washington, D. C., entered an appearance for petitioner in Nos. 75-1686 and 75-1688.

William J. Dempsey and Christopher J. Reynolds, Washington, D. C., entered appearances for intervenors The Hearst Corporation and Scripps-Howard Broadcasting Co., et al.

James A. McKenna, Jr., Thomas N. Frohock and Steven A. Lerman, Washington, D. C., entered appearances for intervenors General Electric Broadcasting Co., Inc., Forward Communications Corporation, et al. and American Broadcasting Companies, Inc.

Peter D. O'Connell, Washington, D. C., entered an appearance for intervenors Lee Enterprises, Inc., et al.

William M. Barnard, Washington, D. C., entered an appearance for intervenors Houston Post Company, et al.

William J. Potts, Washington, D. C., entered an appearance for intervenor KUTV, Inc.

Frank U. Fletcher, Robert L. Heald and Marvin Rosenberg, Washington, D. C., also entered appearance for intervenors The Chronicle Publishing Company, et al.

Before BAZELON, Chief Judge, WRIGHT and ROBINSON, Circuit Judges.


Opinion for the Court filed by Chief Judge BAZELON.

BAZELON, Chief Judge:

At issue are Federal Communications Commission regulations dealing with one aspect of media ownership concentration: newspaper-broadcast station cross-ownership. Second Report and Order (Order), 50 F.C.C.2d 1046 (1974), reconsidered 53 F.C.C.2d 589 (1975).1 In 1970 the Commission proposed rules entirely eliminating newspaper-broadcast affiliation...

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