NATIONAL BLACK MEDIA COALITION v. F. C. C.

No. 77-1500.

589 F.2d 578 (1978)

NATIONAL BLACK MEDIA COALITION and Committee for Open Media, San Jose, California Chapter, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS, Inc., Combined Communications Corporation, et al., Capital Cities Communications, Inc., National Religious Broadcasters, Inc., WPIX, Inc., Chronicle Broadcasting Co., et al., American Broadcasting Companies, Inc., et al., Dudley Station Corporation, General Electric Broadcasting Co., Inc., San Joaquin Communications Corp., Palmer Broadcasting Company, Central Florida Enterprises, Loyola University and National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 13, 1978.


Attorney(s) appearing for the Case

Edward J. Kuhlmann, Washington, D. C., for petitioners.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Keith H. Fagan, Counsel, F.C.C., Barry Grossman and Daniel J. Conway, Attys. Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Joseph F. Hennessey, Washington, D. C., with whom Lee G. Lovett and Richard C. Rowlenson, Washington, D. C., were on the brief, for intervenor, Dudley Station Corp., et al.

Joel Rosenbloom, Washington, D. C., with whom J. Roger Wollenberg, Sally Katzen, Washington, D. C., and Alan B. Sternstein, Rockville, Md., were on the brief, for intervenors, CBS, Inc. and Capital Cities Communications, Inc.

Robert A. Marmet and Harold K. McCombs, Jr., Washington, D. C., were on the brief, for intervenor, Loyola University.

Charles J. McKerns, Thomas H. Wall, Richard D. Marks and John R. Feore, Jr., Washington, D. C., were on the brief, for intervenor, Palmer Broadcasting Co., et al.

Frank U. Fletcher, Robert L. Heald, Edward F. Kenehan, David G. Rozzelle and Alfred C. Frawley, III, Washington, D. C., were on the brief, for intervenors, Chronicle Broadcasting Co., et al.

Also Nathan A. Bowie, Wilhelmina Reuben Cooke and Charles M. Firestone, Washington, D. C., entered appearances for petitioners.

Also Werner K. Hartenberger, Jack David Smith and John E. Ingle, Washington, D. C., counsel, Federal Communications Commission entered appearances for respondent, F.C.C.

Also J. Laurent Scharff and Jack N. Goodman, Washington, D. C., entered appearances for intervenor, Combined Communications Corp.

Also Carl R. Ramey, Washington, D. C., entered an appearance for intervenor, American Broadcasting Companies, Inc., et al.

Also John H. Midlen, Jr., Washington, D. C., entered an appearance for intervenor, National Religious Broadcasters, Inc.

Also Robert A. Beizer, Washington, D. C., entered an appearance for intervenor, WPIX, Inc.

Also Bernard Koteen, Alan Y. Naftalin and Arthur B. Goodkind, Washington, D. C., entered appearances for intervenor, NBC, Inc.

Before ROBINSON and WILKEY, Circuit Judges, and FLANNERY, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by District Judge FLANNERY.

FLANNERY, District Judge:

The petitioners in this case, National Black Media Coalition et al., seek review of a Federal Communications Commission Report and Order, 66 FCC 2d 419 (1977), in which the FCC declined to adopt quantitative program standards for television broadcasters involved in comparative renewal proceedings. This court has jurisdiction to review the FCC's action under §...

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