CLEVELAND TELEVISION CORP. v. F.C.C.

No. 83-1659.

732 F.2d 962 (1984)

CLEVELAND TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Channel 19, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 1984.


Attorney(s) appearing for the Case

David G. Rozzelle, Washington, D.C., with whom Robert L. Heald, Robert J. Rawson and Patricia A. Mahoney, Washington, D.C., were on brief, for appellant.

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

David D. Oxenford, Jr., Washington, D.C., with whom Ben C. Fisher and Samuel Miller, Washington, D.C., were on brief, for intervenor.

Before WALD and MIKVA, Circuit Judges, and VAN DUSEN, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge.

Cleveland Television Corporation (CTC) challenges a Federal Communications Commission (FCC or Commission) decision to deny CTC's application for a construction permit to establish a new UHF television broadcast station in the Cleveland, Ohio area, while granting the competing and mutually exclusive application of Channel 19, an intervenor in this appeal. CTC believes that it should have...

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