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DEMOCRATIC NAT. COMMITTEE v. F.C.C.

No. 82-1872.

717 F.2d 1471 (1983)

DEMOCRATIC NATIONAL COMMITTEE, Democratic Congressional Campaign Committee, and Democratic Senatorial Campaign Committee, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS, Inc. and National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Charles D. Ferris, Washington, D.C., with whom Frank W. Lloyd, Bruce D. Sokler, and L. Gregory Ballard, Washington, D.C., were on the brief, for petitioners.

David Silberman, Atty., F.C.C., Washington, D.C., with whom Marjorie S. Reed, Acting Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., and John J. Powers, III and George Edelstein, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Stephen A. Sharp, Atty., F.C.C., Washington, D.C., entered an appearance for respondents.

Timothy B. Dyk, Washington, D.C., with whom J. Roger Wollenberg and Bruce D. Ryan, Washington, D.C., were on the brief, for intervenor CBS, Inc. Judith Barry Wish, Washington, D.C., entered an appearance for intervenor CBS, Inc.

Howard Monderer and John F. Sturm, Washington, D.C., were on the brief for intervenor Nat'l. Broadcasting Co., Inc.

Andrew Jay Schwartzman, Washington, D.C., was on the brief for amicus curiae Telecommunications Research and Action Center urging reversal.

Before WRIGHT and MIKVA, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Opinion PER CURIAM.

PER CURIAM:

We are called upon to decide whether the Federal Communications Commission correctly denied a fairness doctrine complaint that the Democratic National Committee (DNC) filed against the Columbia Broadcasting System (CBS) and the National Broadcasting Company (NBC). DNC alleges that during the fall of 1981 CBS and NBC violated the fairness doctrine by failing to provide adequate coverage to points of view critical of the Reagan...

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