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HERNSTADT v. F. C. C.

No. 80-2228.

677 F.2d 893 (1980)

Senator William H. HERNSTADT, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Alfa Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 1980.

Issued March 27, 1981.

Attorney(s) appearing for the Case

Robert W. Healy, Washington, D. C., with whom Larry A. Miller, Washington, D. C., was on the brief, for petitioner.

Lisa B. Margolis, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, C. Grey Pash, Jr., Counsel, F. C. C., and Sanford M. Litvack, Asst. Atty. Gen., John J. Powers, III, and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

John I. Stewart, Jr., Washington, D. C., with whom Victor E. Ferrall, Jr., Washington, D. C., was on the brief, for intervenor, Alfa Broadcasting Co.

Before WALD, MIKVA, and EDWARDS, Circuit Judges.

Opinion for the court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Senator William H. Hernstadt sought reelection to the Nevada state senate in the 1980 elections. As a candidate for public office, he tried to purchase advertising time from Alfa Broadcasting Company (Alfa), the operator of station KTNV-TV in Las Vegas. Although Alfa was willing to sell the Senator advertising time, it would only sell him "fixed position" spots rather than "run-of-station...

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