CBS TELEVISION NETWORK AFFILIATES, ASSOC. v. F.C.C.

Nos. 75-1491, 75-1519, 75-1583, 75-2032, 75-2102, 75-2103, 75-2122 and 75-2226.

555 F.2d 985 (1977)

CBS TELEVISION NETWORK AFFILIATES ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Rocky Mountain Broadcasters Association and National Citizens Committee for Broadcasting, et al., Intervenors. NBC TV AFFILIATES BOARD OF DELEGATES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. ABC TELEVISION NETWORK AFFILIATES ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. SACRAMENTO VALLEY TELEVISION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. GOLDEN EMPIRE BROADCASTING COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. CAPITAL CITIES COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. IDAHO TELEVISION CORPORATION et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1977.


Attorney(s) appearing for the Case

Michael S. Horne, Washington, D. C., with whom Ernest W. Jennes, Washington D. C., was on the brief, for petitioners in Nos. 75-1491, 75-1519 and 75-1583.

Julian R. Rush, Jr., Counsel F.C.C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel and Raymond L. Strassburger, Counsel F.C.C., Washington, D. C., were on the brief, for respondents.

Carl D. Lawson, Lee I. Weintraub, Laurence K. Gustafson, Robert B. Nicholson and Barry Grossman, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent United States of America.

John B. Summers and James J. Popham, Washington, D. C., were on the brief for petitioner in No. 75-2032.

J. Richard Carr and Christopher J. Reynolds, Washington, D. C., entered appearances for petitioner in No. 75-2102.

Michael H. Bader and William J. Potts, Jr., Washington, D. C., entered appearances for petitioner in No. 75-2103.

Joel Rosenbloom, David R. Anderson and Marianne K. Smythe, Washington, D. C., entered appearances for petitioner in No. 75-2122.

James A. McKenna, Jr. and Robert W. Coll, Washington, D. C., entered appearances for petitioners in No. 75-2226.

Curtis T. White, Washington, D. C., entered an appearance for intervenor in No. 75-1491.

Before BAZELON, Chief Judge, LEVENTHAL and MacKINNON, Circuit Judges.


Opinion for the Court filed by Chief Judge BAZELON.

Concurring opinion filed by Circuit Judge LEVENTHAL.

BAZELON, Chief Judge:

Petitioners, CBS Television Network Affiliates Association et al. (CBS Affiliates) and the National Association of Broadcasters (NAB), challenge certain modifications in the network nonduplication rules, 47 C.F.R. § 76.91 et seq., adopted by the Federal Communications Commission...

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