SPRINGFIELD TELEVISION OF UTAH, INC. v. F.C.C.

Nos. 80-2028, 81-1475, 82-1874 and 82-1976.

710 F.2d 620 (1983)

SPRINGFIELD TELEVISION OF UTAH, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United Church of Christ, et al., Intervenors. STORER BROADCASTING COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, South Central Broadcasting Corp., et al., Intervenors. WEST VIRGINIA TELECASTING, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United Church of Christ, et al., Intervenors. ROY H. PARK BROADCASTING OF the TRI-CITIES, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 13, 1983.


Attorney(s) appearing for the Case

Martin E. Firestone (Sanford, Adams, McCullough & Beard, Washington, D.C.), for petitioner Springfield Television of Utah, Inc. (Beverly D. Horn, Washington, D.C., with him on the briefs).

Arthur B. Goodkind, Washington, D.C. (Koteen & Naftalin, Washington, D.C.), for petitioner Storer Broadcasting Co.

Richard Bodorff, Washington, D.C. (Fisher, Wayland, Cooper & Leader, Washington, D.C.), for petitioner West Virginia Telecasting, Inc. (Grover C. Cooper and David D. Oxenford, Washington, D.C., with him on the briefs).

Robert W. Coll and Carl R. Ramey, Washington, D.C. (McKenna, Wilkinson & Kittner, Washington, D.C.), on the brief for petitioner Roy H. Park Broadcasting of the Tri-Cities, Inc.

John E. Ingle, Washington, D.C. (Counsel, F.C.C., Washington, D.C.), for respondent F.C.C. (Marjorie S. Reed, Daniel M. Armstrong, Nancy E. Stanley, and Lisa B. Margolis, F.C.C., Washington, D.C., and Robert B. Nicholson and George Edelstein, Dept. of Justice, Washington, D.C., with him on the brief).

Leon T. Knauer, Washington, D.C. (Wilkinson, Cragun & Barker, Washington, D.C.), for intervenors Bonneville Intern. Corp., KUTV, Inc., United Television, Inc., Summit County, Ogden Valley TV Repeater Ass'n, Mantua City Corp., Clifton City Corp. and Mink Creek TV Corp. (Robert W. Barker and Kenneth D. Patrich, Washington, D.C., with him on the briefs).

Robert A. Bernstein, Rockville, Md. (Bernstein & Longest, Rockville, Md.), for intervenors Chrysostom Corp. and Nat. UHF Broadcasters Ass'n (James L. Blair with him on the briefs).

Edward S. O'Neill, Washington, D.C. (Bryan, Cave, McPheeters & McRoberts, Washington, D.C.), for intervenor South Central Broadcasting Corp. (William T. Carey, Washington, D.C., with him on the briefs).

Earle K. Moore, New York City (Moore, Berson, Lifflander & Mewhinney, New York City), on the brief for intervenor United Church of Christ.

Before McWILLIAMS, DOYLE and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Four petitions seek review of actions by the Federal Communications Commission, FCC, in rulemaking proceedings. The first filed, No. 80-2028, was presented by Springfield Television of Utah with jurisdiction lying under 47 U.S.C. § 402(a) and 28 U.S.C. § 2343. No. 81-1475, Storer Broadcasting Company, No. 82-1874, West Virginia Telecasting, Inc., and No. 82-1976, Roy H. Park Broadcasting of the Tri-Cities, Inc., are all transfers...

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