LOYOLA UNIVERSITY v. F. C. C.

Nos. 80-1824, 80-2018.

670 F.2d 1222 (1982)

LOYOLA UNIVERSITY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Black Media Coalition, Association for Broadcast Engineering Standards, Inc., WSM, Inc., and Clear Channel Broadcasting Service, Intervenors. CAPITAL CITIES COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., WSM, Inc., and Clear Channel Broadcasting Service, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 1982.


Attorney(s) appearing for the Case

Joel Rosenbloom, Washington, D. C., with whom Jane Tucker Dana, Robert A. Marmet and Harold K. McCombs, Jr., Washington, D. C., were on joint brief, for petitioners.

Gregory M. Christopher, Counsel, F. C. C., Washington, D. C., with whom Marjorie S. Reed, Acting Gen. Counsel, F. C. C., and Robert B. Nicholson and Nancy C. Garrison, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents. Daniel J. Conway, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent United States of America.

R. Russell Egan and David E. Hilliard, Washington, D. C., were on brief for intervenor WSM, Inc., in Nos. 80-1824 and 80-2018.

Nolan A. Bowie, Washington, D. C., and Jeffrey H. Olson, were on brief for intervenor Nat. Black Media Coalition in No. 80-1824.

James A. McKenna, Jr., Thomas N. Frohock and R. Michael Senkowski, Washington, D. C., entered appearances for intervenor American Broadcasting Co., Inc., in No. 80-2018.

David E. Hilliard, Washington, D. C., also entered an appearance for intervenor Clear Channel Broadcasting Service in Nos. 80-1824 and 80-2018.

William J. Potts, Jr., and John M. Pelkey, Washington, D. C., entered appearances for intervenor Ass'n for Broadcast Engineering Standards, Inc., in No. 80-1824.

Before TAMM, MacKINNON and EDWARDS, Circuit Judges.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In this case, petitioners, licensees of Class I-A clear channel AM radio stations, seek review of a Federal Communications Commission (Commission) frequency allocations rulemaking proceeding.1 Neither the legal claims nor the policy issues that give rise to this controversy are novel. Petitioners contend that the Commission departed from precedent without adequate...

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