RKO GENERAL, INC. v. F. C. C.

Nos. 80-1696 to 80-1698.

670 F.2d 215 (1981)

RKO GENERAL, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Multi-State Communications, Inc., Intervenor. RKO GENERAL, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Fidelity Television, Inc., Multi-State Communications, Inc., Intervenors. RKO GENERAL, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Fidelity Television, Inc., New England Television Corporation, Dudley Station Corporation, Multi-State Communications, Inc., Community Broadcasting of Boston, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1981.

Certiorari Denied April 19 and June 14, 1982.


Attorney(s) appearing for the Case

J. Roger Wollenberg, Washington, D. C., with whom Joel Rosenbloom, A. Douglas Melamed, Barbara S. Wellbery, Kevin E. Smith, Bruce D. Ryan, W. Theodore Pierson, Harold David Cohen, William H. Fitz, Jack N. Goodman, Washington, D. C., and William E. Willis, New York City, were on the brief, for appellant.

L. Andrew Tollin, Counsel, F.C.C., Washington, D. C., with whom Marjorie S. Reed, Acting Gen. Counsel, David J. Saylor, Deputy Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Lee J. Peltzman, Sue Ann Preskill and Linda L. Oliver, Counsel, F.C.C., Washington, D. C., were on the brief, for appellee.

Eugene F. Mullin, Washington, D. C., with whom B. Shelby Baetz, Nathaniel F. Emmons and Howard A. Topel, Washington, D. C., were on the brief, for intervenor, Fidelity Television, Inc., in Nos. 80-1697 and 80-1698.

Joseph M. Morrissey, Washington, D. C., was on the brief, for intervenor, Multi-State Communications, Inc., in Nos. 80-1696, 80-1697 and 80-1698.

Philip Elman, Terry F. Lenzner, James H. Davis, Joseph F. Hennessey, Edward Hayes, Jr., and Jay E. Ricks, Washington, D. C., were on the joint brief, for intervenors, New England Television Corporation, et al., in No. 80-1698.

Before TAMM, MIKVA and EDWARDS, Circuit Judges.


Certiorari Denied April 19 and June 14, 1982. See 102 S.Ct. 1974, 2931.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Federal Communications Commission (FCC) denied renewal of television licenses to RKO General, Inc. (RKO) in Boston, Los Angeles, and New York City. Renewal of the Boston license was denied because of a finding that RKO lacked the requisite character to be a licensee...

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