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HUBBARD BROADCASTING, INC. v. F. C. C.

No. 79-1549.

663 F.2d 220 (1980)

HUBBARD BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Broadcasting Companies, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

December 29, 1980.

Attorney(s) appearing for the Case

Daniel M. Armstrong, Associate Gen. Counsel and Keith H. Fagan, Washington, D. C., counsel were on the appellee's motion for summary affirmance.

Frank U. Fletcher, Marvin Rosenberg and Robert L. Pettit, Washington, D. C., were on appellant's response in opposition to motion for summary affirmance.

Before WRIGHT, Chief Judge, ROBINSON and MacKINNON, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

The Federal Communications Commission (FCC) moves for summary affirmance of two orders that preclude Hubbard Broadcasting, Inc. (Hubbard) from operating Station KOB, 770 kilohertz (kHz) in Albuquerque, New Mexico, as a Class I-A radio broadcast facility. The orders are (1) a By Direction Letter (2 November 1978), 44 RR 2d 1005 (1979), dismissing Hubbard's proposed amendment...

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