CBS, INC. v. F. C. C.

Nos. 79-2403, 79-2406 and 79-2407.

629 F.2d 1 (1980)

CBS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Carter/Mondale Presidential Committee, Inc., National Association of Broadcasters, et al., Intervenors. AMERICAN BROADCASTING COMPANIES, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Association of Broadcasters, Carter/Mondale Presidential Committee, Inc., Intervenors. NATIONAL BROADCASTING COMPANY, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Carter/Mondale Presidential Committee, Inc., National Association of Broadcasters, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1980.

Rehearing Denied May 15, 1980.

Certiorari Granted November 3, 1980.


Attorney(s) appearing for the Case

Timothy B. Dyk, Washington, D.C., with whom J. Roger Wollenberg, Thomas W. White and Joseph DeFranco, Washington, D.C., were on brief, for petitioner in No. 79-2403.

Thomas N. Frohock, Washington, D.C., with whom James A. McKenna, Jr. and Carl R. Ramey, Washington, D.C., were on brief, for petitioner in No. 79-2406.

Floyd Abrams, New York City, with whom Dean I. Ringel, George H. Freeman, New York City, and Howard Monderer, Washington, D.C., were on the brief, for petitioner in No. 79-2407.

Robert R. Bruce, Gen. Counsel, F.C.C., Washington, D.C., with whom David J. Saylor, Deputy Gen. Counsel, Terry Michael Banks, Associate Gen. Counsel, C. Grey Pash, Jr., and Lisa Margolis, Counsel, F.C.C., and John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondents.

John D. Lane, Washington, D.C., with whom Ramsey L. Woodworth, Howard K. McCombs and Anthony F. Essaye, Washington, D.C., were on brief, for intervenor, Carter/Mondale Presidential Committee.

Erwin G. Krasnow, Washington, D.C., was on brief, for intervenor, National Association of Broadcasters.

Heidi P. Sanchez, was on brief for Amici Curiae, National Citizens Committee for Broadcasting, et al., urging affirmance.

Bruce E. Fein, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent, United States of America.

Jerry W. Markham, Washington, D.C., also entered an appearance for intervenor, Carter/Mondale Presidential Committee.

Before BAZELON, Senior Circuit Judge, TAMM, Circuit Judge, and MARKEY, Judge, United States Court of Customs and Patent Appeals.


Certiorari Granted November 3, 1980. See 101 S.Ct. 353.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

Concurring opinion filed by Circuit Judge TAMM.

BAZELON, Senior Circuit Judge:

In these consolidated appeals, the three major television networks seek review of orders by the Federal Communications Commission (FCC) finding that they had failed to fulfill their obligation under Section 312(a)(7) of the Communications Act

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases