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CITY OF N.Y. MUN. BROADCASTING SYSTEM v. F.C.C.

No. 83-1663.

744 F.2d 827 (1984)

CITY OF NEW YORK MUNICIPAL BROADCASTING SYSTEM (WNYC), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WCCO Radio, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1984.

As Amended September 25, 1984.

Attorney(s) appearing for the Case

Stephen P. Kramer, New York City, of the Bar of the Appellate Div. of the Supreme Court of the State of New York, pro hac vice, by special leave of the Court, with whom Alfred J. Tighe, Jr., Washington, D.C., was on brief for appellant.

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

Jerome S. Boros, New York City, with whom Peter Shuebruk, New York City, was on brief for intervenor. Zane M. Unger, New York City, also entered an appearance for WCCO.

Before WRIGHT, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge.

This is an appeal from the Federal Communications Commission's decision to terminate a special exemption given to WNYC, a New York City-owned radio station since 1943. The termination restricts WNYC's broadcast hours and so ends its nighttime co-channel interference with WCCO, Minneapolis. This case has been before the Commission since 1954. We

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