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SOTOMAYOR v. F.C.C.

No. 83-1173.

721 F.2d 1408 (1983)

Anibal SOTOMAYOR, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Family Broadcasting Group, Marsona Broadcasting Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1983.

Attorney(s) appearing for the Case

Alan W.H. Gourley, Washington, D.C., with whom Victor E. Ferrall, Jr. and Linda K. Smith, Washington, D.C., were on the brief, for appellant.

David Silberman, Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, and Daniel M. Armstrong, Associate General Counsel, Washington, D.C., were on the brief, for appellees.

Joseph M. Morrissey, Washington, D.C., was on the brief for intervenor, Family Broadcasting Group.

Gary S. Smithwick, Washington, D.C., entered an appearance for intervenor, Marsona Broadcasting Corp.

Before TAMM, WALD and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Anibal Sotomayor applied to the FCC for a license to construct the first radio station to serve Adjuntas, Puerto Rico. He sought to compete under the Commission's fifteen-mile rule, 47 C.F.R. § 73.203(b), with other applicants for the use of a channel assigned to the nearby city of Ponce. That rule permits persons proposing to operate in communities not listed in the FCC Table of...

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