VIACOM INTERN. INC. v. F. C. C.

No. 227, Docket 81-4119.

672 F.2d 1034 (1982)

VIACOM INTERNATIONAL INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS Inc., American Broadcasting Companies, Inc., National Broadcasting Company, Inc., RCA Corporation, Overseas Tele Video Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Decided February 9, 1982.


Attorney(s) appearing for the Case

Daniel M. Armstrong, Associate Gen. Counsel, Washington, D. C. (Stephen A. Sharp, Gen. Counsel, C. Grey Pash, Jr., Lisa B. Margolis, Washington, D. C., of counsel), for respondent F.C.C.

George H. Shapiro, Washington, D. C. (Marilyn D. Sonn, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., of counsel), for petitioner.

Scott H. Robb, Robb & Kuhbs, New York City, for intervenor Overseas Tele Video Corp.

Timothy Dyk, Washington, D. C. (J. Roger Wollenberg, Thomas W. White, Wilmer, Cutler & Pickering, Joseph DeFranco, Mark W. Johnson, Washington, D. C., of counsel), for intervenor CBS Inc.

James A. McKenna, Jr., Washington, D. C. (Thomas N. Frohock, Dennis P. Corbett, McKenna, Wilkinson & Kittner, Washington, D. C., of counsel), for intervenor American Broadcasting Co.

Bernard G. Segal, Philadelphia, Pa. (Jerome J. Shestack, Schnader, Harrison, Segal & Lewis, Peter S. Greenberg, Deena Jo Schneider, Philadelphia, Pa., of counsel), for intervenors National Broadcasting Co. and RCA Corp.

Before WATERMAN, OAKES and MESKILL, Circuit Judges.


OAKES, Circuit Judge:

This administrative law case, occurring in an era of deregulation, presents several interesting questions concerning regulations of the television industry which were several years in the adopting and which have been in effect for a decade. The three national television networks obtained from the Federal Communications Commission (FCC) on June 23, 1981 a declaratory ruling that the "financial interest...

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