WESTERN BROADCASTING CO. v. F. C. C.

No. 81-1178.

674 F.2d 44 (1982)

WESTERN BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Santa Monica Broadcasting, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1982.


Attorney(s) appearing for the Case

John Michael Pelkey, Washington, D. C., with whom Michael H. Bader and William J. Potts, Washington, D. C., were on brief for appellant.

Nancy Elizabeth Stanley, Atty., F. C. C., Washington, D. C., with whom Daniel M. Armstrong, Associate Gen. Counsel, C. Grey Pash, Jr., and Marjorie S. Reed, Attys., and Stephen A. Sharp, Gen. Counsel, F. C. C., Washington, D. C., were on brief for appellee.

Ben C. Fisher and John Q. Hearne, Washington, D. C., entered appearances for intervenor.

Before ROBINSON, Chief Judge, EDWARDS, Circuit Judge, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This appeal has been brought by Western Broadcasting Company, licensee of class A FM radio station KOCM in Newport Beach, California,1 pursuant to Section 402(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 402(b) (1976) (hereafter "the Act"). Appellant challenges an Order...

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