NEW SOUTH MEDIA CORP. v. F. C. C.

Nos. 80-2556, 80-2566, 80-2567 and 81-1084.

685 F.2d 708 (1982)

NEW SOUTH MEDIA CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, National Citizens Committee for Broadcasting, et al., RKO General, Inc., Intervenors. FUTURE BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, National Citizens Committee for Broadcasting, et al., RKO General, Inc., Intervenors. GOLD COAST BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, National Citizens Committee for Broadcasting, et al., RKO General, Inc., Intervenors. NEW SOUTH MEDIA CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, National Citizens Committee for Broadcasting, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1982.


Attorney(s) appearing for the Case

Herbert E. Forrest, Washington, D. C., with whom Robert Lewis Thompson, Steven Reed, Jeanne Davidson, Washington, D. C., were on the joint brief for appellants, Gold Coast Broadcasting, Inc. and Future Broadcasting in Nos. 80-2566 and 80-2567. Lewis I. Cohen, Washington, D. C., also entered an appearance for appellant, Gold Coast Broadcasting, Inc. in No. 80-2567.

Robert L. White, was on the brief for appellant/petitioner New South Media Corp. in Nos. 80-2556 and 81-1084.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D. C., with whom Stephen A. Sharp, Gen. Counsel, and L. Andrew Tollin, counsel, F.C.C., Washington, D. C., were on the brief for appellee in Nos. 80-2556, 80-2566, 80-2567, 81-1084. David J. Saylor and Linda L. Oliver, counsel, F.C.C., Washington, D. C., also entered appearances for appellee.

Barry Grossman and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent, USA in No. 81-1084.

J. Roger Wollenberg, Washington, D. C., with whom Joel Rosenbloom, W. Theodore Pierson, Harold David Cohen, William H. Fitz, Jack N. Goodman, Washington, D. C., William E. Willis and Yvonne S. Quinn, New York City, were on the brief, for intervenor, RKO General, Inc. in Nos. 80-2556, 80-2566, and 80-2567.

Jeffrey H. Olson, Washington, D. C., was on the brief for intervenor National Citizens Committee for Broadcasting, et al. in Nos. 80-2556, 80-2566, 80-2567, and 81-1084.

Before ROBINSON, Chief Judge, and TAMM and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

These appeals are pursued by parties who would supplant RKO General, Inc. (RKO) as licensee of four broadcast stations. New South Media Corporation (New South) seeks to replace RKO as licensee of WHBQ-TV, Memphis; Future Broadcasting, Inc. (Future) seeks authority to construct new stations1 mutually exclusive with licenses held by RKO for KHJ (AM) and...

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