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

Nos. 74-1700, 76-1351 and 76-1360.

567 F.2d 1095 (1977)

NATIONAL CITIZENS COMMITTEE FOR BROADCASTING and Friends of the Earth, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc. (ABC), CBS, Inc., Intervenors. COMMITTEE FOR OPEN MEDIA, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Council on Economic Priorities and United Farm Workers of America and Henry Geller, Intervenors. COUNCIL ON ECONOMIC PRIORITIES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United Farm Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 11, 1977.


Attorney(s) appearing for the Case

Tracy Westen, Washington, D.C., with whom Geoffrey Cowan, Los Angeles, Cal., was on the brief, for petitioners in No. 74-1700.

Charles M. Firestone, Washington, D.C., with whom Frank W. Lloyd, III, Washington, D.C., was on the brief, for petitioner in No. 76-1351.

Harvey J. Shulman and Collot Guerard, Washington, D.C., with whom Carol J. Jennings, Washington, D.C., was on the brief, for petitioner in No. 76-1360 and intervenors, Council on Economic Priorities and United Farm Workers of America, AFL-CIO in No. 76-1351.

C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., with whom Werner K. Hartenberger, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., and Robert B. Nicholson, 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 respondent F.C.C. Joseph A. Marino, and John E. Ingle, and Stephen A. Sharp, Counsel, F.C.C., Washington, D.C., also entered appearances for respondent F.C.C. Carl D. Lawson and Barry Grossman, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent United States of America.

Joel Rosenbloom, Washington, D.C., with whom J. Roger Wollenberg, Stephen A. Weiswasser, Michael S. Schooler, and Donald C. Langevoort, Washington, D.C., were on the brief, for intervenor CBS, Inc. in No. 74-1700 also argued for intervenor American Broadcasting Companies, Inc.

Henry Geller, Washington, D.C., for intervenor, Henry Geller in No. 76-1351.

James A. McKenna, Jr. and Carl R. Ramey, Washington, D.C., were on the brief for intervenor, American Broadcasting Companies, Inc. in No. 74-1700.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.


Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

These three consolidated petitions for review challenge various aspects of the Federal Communications Commission's Fairness Report. That Report was the product of an inquiry by the FCC, extending five years from its initiation in 1971, the issuance of the Report in 1974, and the denial of reconsideration in 1976, into the policies underlying the fairness doctrine...

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