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

No. 81-2295.

684 F.2d 594 (1982)

HUBBARD BROADCASTING, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and The United States of America, Respondents, Jackson and Chaisson Broadcasting Systems, Inc. and American Broadcasting Companies, Inc., Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1982.

Attorney(s) appearing for the Case

Frank U. Fletcher, Robert L. Heald, Marvin Rosenberg, Robert L. Pettit, Fletcher, Heald & Hildreth, Washington, D. C., for petitioner Hubbard Broadcasting, Inc.

James A. McKenna, Jr., Vernon L. Wilkinson, Robert W. Coll, Jill Abeshouse Stern, McKenna, Wilkinson & Kittner, Washington, D. C., for American Broadcasting Companies, Inc.

William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., Stephen A. Sharp, General Counsel, Daniel M. Armstrong, Associate General Counsel, C. Grey Pash, Jr., Counsel, Gregory M. Christopher, F.C.C., Washington, D. C., for respondent F.C.C.

Before HEANEY, Circuit Judge, MILLER, Judge, and COLLINSON, Senior District Judge.

MILLER, Judge.

Petitioner Hubbard Broadcasting, Inc. ("Hubbard") seeks review under 47 U.S.C. § 402(a) of the decision and order of respondent Federal Communications Commission ("FCC") upholding dismissal on June 9, 1981, by FCC's Broadcast Bureau of Hubbard's rulemaking petition to amend FCC's rule (47 C.F.R. § 73.22 (1981)) to provide for a Class I-A "clear channel" station (KOB) at Albuquerque, New Mexico, on the AM radio frequency 770 kiloHertz ("kHz...

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