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ICBC CORP. v. F.C.C.

No. 82-1342.

716 F.2d 926 (1983)

ICBC CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, CBS, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1983.

Attorney(s) appearing for the Case

Arthur B. Goodkind, Washington, D.C., for appellant.

L. Andrew Tollin, F.C.C., Washington, D.C., with whom Stephen A. Sharp, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief, for appellee.

Timothy B. Dyk, Washington, D.C., with whom John W. Zucker, Washington, D.C., was on brief, for intervenor, CBS, Inc.

Before WALD, BORK and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Appellant ICBC Corporation appeals from a decision of the Federal Communications Commission rejecting ICBC's request for waiver of an FCC rule designed to prevent interference among AM radio stations. The waiver requested was necessary to allow filing of ICBC's application for a license for nighttime service of its black-owned and black-oriented AM station, which has been operating only...

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