BLACK CITIZENS FOR A FAIR MEDIA v. F.C.C.

Nos. 81-1710, 81-2277.

719 F.2d 407 (1983)

BLACK CITIZENS FOR A FAIR MEDIA, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., National Association of Broadcasters, National Radio Broadcasters Association, Office of Communication of the United Church of Christ, CBS, Inc., Argonaut Broadcasting Company, et al., Intervenors. Henry GELLER, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Association of Broadcasters, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 7, 1983.


Attorney(s) appearing for the Case

Jeffrey H. Olson, Washington, D.C., with whom Karen Peltz Strauss, Washington, D.C., was on the brief, for petitioners in 81-1710.

Henry Geller, Washington, D.C. and Ira Barron were on the brief, for petitioner in 81-2277.

Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., with whom Stephen A. Sharp, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Barry Grossman and Stephen F. Ross, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Marion L. Jetton and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent, USA.

Stephen A. Weiswasser, Washington, D.C., with whom J. Roger Wollenberg and Susan Low Bloch for CBS, Inc., and James A. McKenna, Jr., Carl R. Ramey and Douglas S. Land for ABC, Inc., et al., and Erwin G. Krasnow and Barry D. Umansky, Washington, D.C., for National Association of Broadcasters and Thomas Schattenfield, Washington, D.C., for National Radio Broadcasters Association, were on the brief, for intervenors, CBS, Inc., et al., in 81-1710 and 81-2277.

Donna A. Demac, New York City, was on the statement in lieu of brief for intervenor, Office of Communication of the United Church of Christ in 81-1710.

Robert H. Bohn, Jr., and Honora Kaplan, Boston, Mass., were on the brief, for amicus curiae, Action for Children's Television urging remand in 81-1710.

Before WRIGHT and BORK, Circuit Judges, and JAMESON, Senior District Judge for the District of Montana.


Opinion for the Court filed by Circuit Judge BORK.

Dissenting opinion filed by Circuit Judge WRIGHT.

BORK, Circuit Judge:

Petitioners, Black Citizens for a Fair Media, et al.,1 challenge the Federal Communications Commission's decision to adopt a simplified renewal application for radio and television broadcast licensees. This decision, made after a full rulemaking procedure, effectively eliminates from the license...

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