OFFICE OF COM. OF UNITED CHURCH, v. F. C. C.

No. 76-1878.

590 F.2d 1062 (1978)

OFFICE OF COMMUNICATION OF the UNITED CHURCH OF CHRIST, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Radio Television News Directors Assn., Public Broadcasting Service, CBS, Inc., ABC, Inc., NBC, Inc., the National Association of Broadcasters, and Delaware Broadcasting Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 11, 1978.

As Amended September 19, 1978.


Attorney(s) appearing for the Case

Carol J. Jennings, Washington, D. C., with whom Harvey J. Shulman, Washington, D. C., was on brief, Collot Guerard, Washington, D. C., for petitioner.

Stephen A. Sharp, Atty., F. C. C., Washington, D. C., for respondent. Werner K. Hartenberger, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Raymond L. Strassburger, Counsel, F. C. C., B. Barry Grossman and James F. Ponsoldt, Attys., Dept. of Justice, Washington, D. C., were on brief, Gregory M. Christopher, Atty., F. C. C., Washington, D. C., for respondent.

Theodore D. Frank, Washington, D. C., with whom Harry M. Plotkin, Alan Auckenthaler, James A. McKenna, Jr., Carl R. Ramey, J. Roger Wollenberg, John H. Harwood, II, Erwin G. Krasnow, Washington, D. C., Bernard G. Segal, Jerome J. Shestack, Denna Schneider, Philadelphia, Pa., Elizabeth L. Shriver and Howard Monderer, Washington, D. C., were on brief, for intervenors, American Broadcasting Companies, et al.

J. Laurent Scharff, Washington, D. C., was on brief, for intervenor, Radio Television News Directors Assn.

Barry O. Chase, Washington, D. C., for intervenor, Public Broadcasting Service.

Timothy B. Dyk, Washington, D. C., for intervenor, CBS.

Frederick H. Walton, Jr. and John J. Dempsey, Washington, D. C., for intervenor, Delaware Broadcasting Co.

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


Opinion for the Court filed by BAZELON, Circuit Judge.

BAZELON, Circuit Judge:

Petitioner, the Office of Communication of the United Church of Christ (UCC), an intervenor in proceedings before the Federal Communications Commission (FCC), seeks review of the Commission's latest expansion of the "on-the-spot" exemption to the equal opportunities provision of the Communications Act of 1934, 47 U.S.C. § 315(a)(4) (1970).1 Until...

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