NEIGHBORHOOD TV CO., INC. v. F.C.C.

Nos. 83-1635, 83-1736.

742 F.2d 629 (1984)

NEIGHBORHOOD TV COMPANY, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Microband Corporation of America, SIN, Inc., Spanish International Communications Corporation, National Association of Public Television Stations, International Broadcasting Network, Intervenors. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. International Broadcasting Network, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1984.


Attorney(s) appearing for the Case

Alan R. Plutzik, Washington, D.C., for petitioner Neighborhood TV Company, Inc. in No. 83-1635. Sol Schildhause, Washington, D.C., also entered an appearance for Neighborhood TV Company, Inc.

John D. Lane, Washington, D.C., with whom Martin J. Gaynes and Ramsey L. Woodworth, Washington, D.C., were on the brief for petitioner Los Angeles County Sheriff's Department in No. 83-1736.

Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., J. Paul McGrath, Asst. Atty. Gen., Barry Grossman and Nancy C. Garrison, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. C. Grey Pash, Jr., Atty., F.C.C. and Andrea Limmer, Atty., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Norman P. Leventhal, Washington, D.C., was on the brief for intervenor SIN, Inc. in No. 83-1635. Barbara K. Kline and Meredith S. Senter, Jr., Washington, D.C., also entered appearances for SIN, Inc.

Paul James Broyles, Houston, Tex., entered an appearance for intervenor International Broadcasting Network in Nos. 83-1635 and 83-1736.

Stephen R. Bell and Paul J. Sinderbrand, Washington, D.C., entered appearances for intervenor Microband Corp. of America in No. 83-1635.

Norman P. Leventhal and Barbara K. Kline, Washington, D.C., entered appearances for intervenor Spanish Intern. Communications Corp. in No. 83-1635.

Peter Tannenwald, Theodore D. Frank and Vonya B. McCann, Washington, D.C., entered appearances for intervenor National Association of Public Television Stations in No. 83-1635.

Before ROBINSON, Chief Judge, WALD, Circuit Judge, and EDMUND L. PALMIERI, Senior United States District Judge for the Southern District of New York.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Neighborhood TV Co., Inc. (Neighborhood) and the Los Angeles County Sheriff's Department (Sheriff) petition for review of a Federal Communications Commission (FCC or Commission) order establishing a low power television service, the FCC's subsequent denial of reconsideration of that order and several interlocutory decisions affirmed and adopted in the final order. Neighborhood essentially...

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