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KCST-TV, INC. v. F.C.C.

No. 81-2265.

699 F.2d 1185 (1983)

KCST-TV, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1983.

Attorney(s) appearing for the Case

Arthur B. Goodkind, Washington, D.C., with whom Peter M. Connolly and Warren C. Zwicky, Washington, D.C., were on the brief, for petitioner. Alan Naftalin, Washington, D.C., also entered an appearance for petitioner.

William J. Roberts, Atty., U.S. Dept. of Justice, Washington, D.C., with whom Robert B. Nicholson and Barry Grossman, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondent U.S.A. Margaret G. Halpern, Atty., U.S. Dept. of Justice, Washington, D.C., also entered an appearance for respondent U.S.A.

Jane E. Mago, Atty., F.C.C., Washington, D.C., with whom Stephen A. Sharp, Gen. Counsel, and David M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on the brief, for respondent F.C.C.

Before TAMM, WILKEY and SCALIA, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

Dissenting opinion filed by Circuit Judge SCALIA.

TAMM, Circuit Judge:

The network non-duplication rules generally provide that a cable system located within a certain distance of a network-affiliated television station must delete the duplicative network programming of a distant station that is carried on the system. An exception to the rules, which is found in 47 C.F.R. § 76.92(g), is that a...

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