CITY OF ANGELS BROADCASTING, INC. v. F.C.C.

No. 83-1741.

745 F.2d 656 (1984)

CITY OF ANGELS BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Fidelity Television, Inc., RKO General, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 28, 1984.


Attorney(s) appearing for the Case

Frank H. Penski, New York City, with whom Stephen Kurzman and Shelby D. Green, Washington, D.C., were on brief, for appellant.

J. Roger Wollenberg, Washington, D.C., with whom Joel Rosenbloom, Harold David Cohen, William H. Fitz and Jack N. Goodman, Washington, D.C., were on brief, for intervenor, RKO General, Inc.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel and Sue Ann Preskill, Counsel, F.C.C., Washington, D.C., were on brief, for appellee.

Nathaniel F. Emmons, Washington, D.C., with whom Eugene F. Mullin, Washington, D.C., was on brief, for intervenor, Fidelity Television, Inc. Howard A. Topel, Washington, D.C., also entered an appearance for Fidelity Television, Inc.

Before TAMM, WILKEY and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

Dissenting opinion filed by Circuit Judge WILKEY.

STARR, Circuit Judge.

City of Angels Broadcasting, Inc. appeals from a Federal Communications Commission order denying its motion to intervene in a proceeding to determine the recipient of a Los Angeles television station license. We have jurisdiction pursuant to 47 U.S.C. § 402(b). For the reasons which follow, we

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