NATIONAL ASS'N OF BROADCASTERS v. F.C.C.

Nos. 82-1926, 82-2233 and 83-1743.

740 F.2d 1190 (1984)

NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Citizens Committee for Broadcasting, et al., Western Union Telegraph Company, Forward Communications Corporation, et al., Graphic Scanning Corporation, United States Satellite Broadcasting Company, Inc., Direct Broadcast Satellite Corporation, Satellite Television Corporation, Satellite Syndicated Systems, Inc., Aerospace and Flight Test Coordinating Council, Manufacturers Radio Frequency Advisory Committee, CBS, Inc., National Black Media Coalition, Association of Maximum Service Telecasters, Inc., California Public Safety Radio Association, Inc., RCA American Communications, Inc., Intervenors. NATIONAL ASSOCIATION OF BROADCASTERS, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Appellees, Satellite Television Corporation, National Citizens Committee for Broadcasting, et al., Satellite Syndicated Systems, Inc., Forward Communications Corporation, U.S. Satellite Broadcasting Co., et al., Televisa, S.A., National Black Media Coalition, CBS, Inc., Intervenors. COUNTY OF LOS ANGELES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Satellite Television Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1984.


Attorney(s) appearing for the Case

Eugene F. Mullin, Washington, D.C., with whom Erwin G. Krasnow, Valerie G. Shulte, Nathaniel F. Emmons and Robert D. Rosenberg, Washington, D.C., were on the brief for National Association of Broadcasters, petitioner/appellant in Nos. 82-1926 and 82-2233.

Joseph P. Markoski, Washington, D.C., with whom Philip L. O'Neill, Washington, D.C., and Mary F. Wawro, Los Angeles, Cal., were on the brief for County of Los Angeles, petitioner in No. 83-1743.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, and Gregory M. Christopher, Counsel, F.C.C., Robert B. Nicholson and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents/appellees in Nos. 82-1926, 82-2233 and 83-1743. Margaret G. Halpern and Marjorie S. Reed, Attys., Dept. of Justice, also entered appearences for respondents/appellees.

Lawrence W. Secrest, III, Washington, D.C., with whom John S. Hannon, Jr., Keith Fagan, Alan B. Sternstein, Richard E. Wiley and Philip V. Permut, Washington, D.C., were on the brief for Satellite Television Corporation, intervenor in Nos. 82-1926, 82-2233 and 83-1743. Warren Y. Zeger, Cynthia L. Hathaway, Yvonne S. Distenfeld and Patricia M. Reilly, Washington, D.C., also entered appearances for intervenor, Satellite Television Corporation.

Wilhelmina Reuben Cooke, Washington, D.C., was on the brief for National Citizens Committee for Broadcasting, et al., intervenors in Nos. 82-1926 and 82-2233.

Marvin Rosenberg, James G. Ennis and Thomas Dougherty, Jr., Washington, D.C., were on the brief for U.S. Satellite Broadcasting Company, Inc., intervenor in Nos. 82-1926 and 82-2233.

Jonathan D. Blake and Gregory M. Schmidt, Washington, D.C., were on the brief for Association of Maximum Service Telecasters, Inc., intervenor in No. 82-1926.

James A. McKenna, Jr., Thomas N. Frohock and Dennis P. Corbett, Washington, D.C., were on the brief for Forward Communications Corporation, et al., intervenors in Nos. 82-1926 and 82-2233.

Norman P. Leventhal and Barbara K. Kline, Washington, D.C., were on the brief for Televisa, S.A., intervenor in No. 82-2233.

John D. Lane, Martin J. Gaynes and Ramsey L. Woodworth, Washington, D.C., were on the brief for California Public Safety Radio Association, Inc., intervenor in No. 82-1926.

George Robert Johnson, Jr. was on the brief for National Black Media Coalition, Arlington, Va., intervenor in Nos. 82-1926 and 82-2233.

Joseph M. Kittner, Lawrence J. Movshin and Randolph J. May, Washington, D.C., were on the brief for Manufacturers Radio Frequency Advisory Committee, intervenor in No. 82-1926.

Ronald D. Coleman and Lisa B. Margolis, Washington, D.C., were on the brief for Direct Broadcast Satellite Corporation, intervenor in No. 82-1926.

Allan C. Hubbard, Washington, D.C., entered an appearance for Western Union Telegraph Company, intervenor in No. 82-1926.

George Vradenburg, III, Paul B. Jones, New York City, and Joseph DeFranco, Washington, D.C., entered appearances for CBS, Inc., intervenor in Nos. 82-1926 and 82-2233.

Robert F. Corazzini and Peter H. Feinberg, Washington, D.C., for Satellite Syndicated Systems, Inc., intervenor in Nos. 82-1926 and 82-2233.

Henry A. Solomon and Joel Rothstein Wolfson, Washington, D.C., entered appearances for Graphic Scanning Corporation, intervenor in No. 82-1926.

Jay E. Ricks, David J. Saylor, Peter A. Rohrbach, Washington, D.C., and Carl J. Cangelosi, Piscataway, N.J., entered appearances for RCA American Communications, Inc., intervenor in No. 82-1926.

Before TAMM, MIKVA and DAVIS, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Of the technological innovations currently revolutionizing the communications field, the most recent, and potentially the most significant, is direct broadcast satellite service (DBS). DBS involves the transmission of signals from the earth to highpowered, geostationary satellites which then beam television signals directly to individual homes equipped to receive them. Use of satellites...

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