COSMOPOLITAN BROADCASTING CORP. v. F. C. C.

Nos. 76-2019, 76-2020, 76-2033 and 76-2034.

581 F.2d 917 (1978)

COSMOPOLITAN BROADCASTING CORPORATION v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Civil Liberties Union of New Jersey, Appellant. COSMOPOLITAN BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, The Croatian National Congress et al., Bulgarian American League, Japanese American Assn. of New York, Inc., Federation of Lithuanian Women's Clubs, Congress of Portuguese People, Yugoslav Consolidated Benevolent Assn. and Iran Club, Intervenors. COLUMBIAN LAWYERS ASSOCIATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. HUNGARIAN FREEDOM FIGHTERS FEDERATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1978.


Attorney(s) appearing for the Case

Harry M. Plotkin, with whom, Thomas Schattenfield, and David Tillotson, Washington, D. C., were on the brief for appellant Cosmopolitan Broadcasting Corp., case No. 76-2020.

Jeremiah S. Gutman, New York City, for appellant American Civil Liberties Union of New Jersey, case No. 76-2019.

Anthony S. Caronna, Brooklyn, N. Y., was on the brief for appellant Columbian Lawyers Association, case No. 76-2033.

Andras H. Pogany, South Orange, was on the brief for appellant Hungarian Freedom Fighters Federation, case No. 76-2034.

Gregory M. Christopher, Atty., Washington, D. C., for appellee F. C. C., case Nos. 76-2019, 76-2020, 76-2033 and 76-2034. Werner K. Hartenberger, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel. J. Tullos Wells, and James H. Kizziar, Jr., Counsel, F. C. C., Washington, D. C., were on the brief, for appellee.

Valdas Guoba, East Northport, N. Y., was on the brief for intervenor Federation of Lithuanian Women's Clubs, case No. 76-2020.

Gerald Eisenberg, New York City, was on the brief for intervenor Iran Club, case No. 76-2020.

Jack Chadrjian, New York City, was on the brief for intervenor Bulgarian American League, case No. 76-2020.

George Yamaoka, New York City, was on the brief for intervenor The Japanese American Association of New York, Inc., case No. 76-2020.

Charles A. Giulini, New York City, was on the brief for intervenor Yugoslav Consolidated Benevolent Association, case No. 76-2020.

Dr. Branko M. Peselj, Washington, D. C., also entered an appearance for Intervenor The Croatian National Congress, et al., case No. 76-2020.

Before BAZELON, LEVENTHAL and ROBINSON, Circuit Judges.


Opinion for the Court filed by BAZELON, Circuit Judge.

Concurring opinion filed by LEVENTHAL, Circuit Judge.

BAZELON, Circuit Judge:

Citing numerous technical violations and a virtual abandonment of licensee responsibility, the Federal Communications Commission (FCC) denied the 1969 application of Cosmopolitan Broadcasting Corporation for a renewal of its licenses to operate station WHBI (FM). Cosmopolitan appeals, arguing that the Commission's decision...

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