LITTLE ROCK TELEVISION CO. v. F. C. C.

No. 81-1062.

646 F.2d 1271 (1981)

LITTLE ROCK TELEVISION COMPANY, Gail Smith, Gwendolyn May, James K. Smith, Hope Smith, Jerome Duncan, Leslie A. Williams, Panorama Broadcasting Corporation, Sunburst Corporation, Talley Television Corporation, The Television Ten, Inc., Thomas S. Blanton, Trans American Television Corp., Barbara Smith, Comstat Corporation, Corporation for Black Television of Atlanta, Corporation for Black Television of Miami, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents; Community Television Network, Inc., Corporation for Public Broadcasting, Public Broadcasting Service, National Association of Public Television Stations, National Association of Broadcasters, American Broadcasting Companies, Inc., Birmingham Television Corporation, Cleveland Associates Co., General Electric Broadcasting Company, Guaranty Broadcasting Corporation, Retlaw Enterprises, Inc., Roy H. Park Broadcasting, Inc., Roy H. Park Broadcasting of Tennessee, Inc., Roy H. Park Broadcasting of the Tri-Cities, Inc., WICS-TV, Inc., WIXT-TV, Inc., WKRG-TV, Inc., and Ziff Davis Broadcasting Company, et al., Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1981.

Rehearing and Rehearing Denied May 15, 1981.


Attorney(s) appearing for the Case

Christopher A. Hart, Washington, D. C., for petitioners, and intervenor Community Television Network, Inc.

Vernon L. Wilkinson, R. Michael Senkowski, McKenna, Wilkinson & Kittner, Washington, D. C., for respondents.

Erwin G. Krasnow, James J. Popham, Valerie G. Schulte, Washington, D. C., for Nat. Ass'n of Broadcasters, Washington, D. C., intervenor.

Richard J. Favretto, Acting Asst. Atty. Gen., Barry Grossman, Mark C. Del Bianco, Attys., Dept. of Justice, Washington, D. C., Marjorie S. Reed, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Washington, D. C., Jeffrey B. Kindler and Linda L. Oliver, Washington, D. C., for F. C. C.

Before HEANEY, STEPHENSON and ARNOLD, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 15, 1981.

PER CURIAM.

This is a petition for review of orders of the Federal Communications Commission. Petitioners are applicants for licenses in the low-power television (LPTV) service, a new kind of television broadcast service which the Commission is proposing to create by rule. Licensees in the LPTV service would operate translators, low-power transmitters designed to rebroadcast the signal of a regular television...

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