GOTTFRIED v. F. C. C.

No. 79-1722.

655 F.2d 297 (1981)

Sue GOTTFRIED, Individually and on Behalf of the Deaf and Hearing Impaired Population Within the Stations' Viewing Area, and Greater Los Angeles Council on Deafness, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, National Broadcasting Company, Inc., Community Television of Southern California, Metromedia, Inc., American Broadcasting Companies, Inc., KCOP Television, Inc., RKO General, Inc., Golden West Broadcasters, and CBS, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 1981.


Attorney(s) appearing for the Case

Abraham Gottfried, Los Angeles, Cal., and Charles M. Firestone for appellants.

Randolph J. May, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Keith H. Fagan and Mary Lee Lindquist, Counsel, F. C. C., Washington, D. C., were on the brief, for appellee. Lisa B. Margolis, Counsel, F. C. C., Washington, D. C., entered an appearance for appellee.

Timothy B. Dyk, Washington, D. C., with whom J. Roger Wollenberg and Judith Barry Wish, Washington, D. C., (for intervenor CBS, Inc.), James A. McKenna, Jr., Mark D. Roth, and Carl R. Ramey, Washington, D. C., (for intervenor American Broadcasting Companies, Inc.), Michael J. McCarthy, Washington, D. C., (for intervenor Golden West Broadcasters), Howard F. Roycroft, Richard S. Rodin, and Marvin J. Diamond, Washington, D. C., (for intervenor KCOP Television, Inc.), Thomas J. Dougherty and Preston R. Padden, Washington, D. C., (for intervenor Metromedia, Inc.), Bernard Koteen, Arthur B. Goodkind, and Howard Monderer, Washington, D. C., (for intervenor National Broadcasting Company, Inc.), and J. Laurent Scharff and Jack N. Goodman, Washington, D. C., (for intervenor RKO General, Inc.), were on the joint brief, for intervenors CBS, Inc. et al. Margot Smiley Humphrey, Washington, D. C., entered an appearance for intervenor National Broadcasting Company, Inc.

Edgar F. Czarra, Jr., and Mark D. Nozette, Washington, D. C., were on the brief for intervenor Community Television of Southern California.

Before McGOWAN, Chief Judge, WRIGHT, Circuit Judge, and GASCH, District Judge.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Opinion concurring in part and dissenting in part filed by Chief Judge McGOWAN.

J. SKELLY WRIGHT, Circuit Judge:

This case, involving denial by the Federal Communications Commission (FCC or Commission) of a petition to deny license renewals to eight Los Angeles television stations,1 presents difficult questions concerning the obligations of public and commercial...

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