OFFICE OF COM. OF UNITED CH. OF CHRIST v. F.C.C.

Nos. 81-1032, 81-1463, 81-2127 and 81-2134.

707 F.2d 1413 (1983)

OFFICE OF COMMUNICATION OF the UNITED CHURCH OF CHRIST, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS, Inc., National Association of Broadcasters, Radio Station Licensees, American Broadcasting Companies, Inc., National Radio Broadcasters Association, Mutual Broadcasting System, Inc., Black Citizens for Fair Media, Action for Children's Television, National Organization for Women, Empowerment Through Communications, Citizens Committee on the Media, Tribune Company, National Organization for Women—New York Chapter, National Organization for Women—Essex County, New Jersey Chapter, Office of Communication of the Episcopal Church, WNCN Listeners Guild, Inc., Episcopal Radio-Television Foundation, Department of Communication of the United States Catholic Conference, and Communications Commission of the National Council of Churches, Intervenors. CLASSICAL RADIO FOR CONNECTICUT, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Citizens Committee for Broadcasting, National Association of Broadcasters, and American Legal Foundation, Intervenors. Henry GELLER, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS, Inc., American Broadcasting Companies, Inc. and National Association of Broadcasters, Intervenors. NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc. and National Association of Broadcasters, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1983.


Attorney(s) appearing for the Case

Earle K. Moore, New York City, with whom Donna A. Demac and David M. Rice, New York City, were on the brief, for petitioner Office of Communication of the United Church of Christ. Andrew Jay Schwartzman and Heidi P. Sanchez, New York City, entered appearances for petitioner Office of Communication of the United Church of Christ.

Michael Botein, New York City, entered an appearance for petitioner Classical Radio for Connecticut, Inc.

Henry Geller, pro se, with whom Ira Barron, Claremont, Cal., was on the brief, for petitioner Henry Geller.

Wilhelmina Reuben Cooke, Jeffrey H. Olson, and Angela J. Campbell, Washington, D.C., were on the brief for petitioners N.A. A.C.P. et al.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Jane E. Mago, Michael Deuel Sullivan, C. Grey Pash, Jr., and Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., were on the brief, for respondents. Lisa B. Margolis, Counsel, F.C.C., Washington, D.C., entered an appearance for respondent F.C.C. Barry Grossman and James H. Laskey, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent United States of America.

Timothy B. Dyk, Washington, D.C., with whom J. Roger Wollenberg and Bruce D. Ryan, Washington, D.C. (for CBS, Inc.), James A. McKenna, Jr., Carl R. Ramey, Washington, D.C., and Douglas S. Land, New York City (for American Broadcasting Companies, Inc.), Bruce D. Goodman and Ilene R. Price, Arlington, Va. (for Mutual Broadcasting System, Inc.), Erwin G. Krasnow and Barry D. Umansky, Washington, D.C. (for National Ass'n of Broadcasters), Thomas Schattenfield, Washington, D.C. (for National Radio Broadcasters Ass'n), and Robert A. Beizer, Washington, D.C. (for Tribune Co.) were on the joint brief, for intervenors CBS, Inc. et al. Robert W. Coll, Washington, D.C., entered an appearance for intervenor American Broadcasting Companies, Inc. Susan A. Marshall, Washington, D.C., entered an appearance for intervenor National Radio Broadcasters Ass'n. Richard A. Helmick, Washington, D.C., entered an appearance for intervenor Mutual Broadcasting System, Inc. Steven M. Harris, Washington, D.C., entered an appearance for intervenor Tribune Co.

Charles M. Firestone, Los Angeles, Cal., was on the brief for intervenors National Citizens Committee for Broadcasting et al.

Donna A. Demac, New York City, was on the statement in lieu of brief for intervenors Communications Commission of the National Council of Churches et al.

Franklin K. Moss, New York City, entered an appearance for intervenor WNCN Listeners Guild, Inc.

Robert W. Coll and Carl R. Ramey, Washington, D.C., entered appearances for intervenor Radio Station Licensees.

Daniel J. Popeo, Utica, N.Y., entered an appearance for intervenor American Legal Foundation.

William H. Mellor, III, Denver, Colo., was on the brief for amici curiae Mountain States Legal Foundation et al., urging affirmance.

John M. Cutler, Chicago, Ill., and David Crump, Raleigh, N.C., were on the brief for amicus curiae Legal Foundation of America, urging affirmance.

Andrew Jay Schwartzman, New York City, was on the brief for amicus curiae Public Media Center, urging reversal and remand.

Before WRIGHT and BORK, Circuit Judges, and JAMESON, Senior District Judge.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Concurring statement filed by Circuit Judge BORK.

J. SKELLY WRIGHT, Circuit Judge:

In these consolidated petitions for review we are asked to decide whether the Federal Communications Commission may, consistent with its statutory obligations, undertake a sweeping deregulation of the commercial radio industry. The Commission's deregulation orders culminate a three-year, extensive inquiry...

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