MULTI-STATE COMMUNICATIONS, INC. v. F.C.C.

Nos. 83-1296, 83-1325.

728 F.2d 1519 (1984)

MULTI-STATE COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RKO General, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 1984.


Attorney(s) appearing for the Case

Joseph M. Morrissey, Washington, D.C., with whom Edward P. Morgan, Charles A. McNelis, Kevin T. Maroney, and Robert T. Murphy, Washington, D.C., were on brief, for appellant.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, Washington, D.C., with whom Bruce E. Fein, General Counsel, and Sue Ann Preskill, Counsel, Federal Communications Commission, Washington, D.C., were on brief, for appellee. L. Andrew Tollin, Atty., Federal Communications Commission, Washington, D.C., also entered an appearance for appellee.

J. Roger Wollenberg, Washington, D.C., with whom Joel Rosenbloom, Thomas F. Connell, Bruce D. Ryan, Harold David Cohen, William H. Fitz, Jack N. Goodman, and Kevin R. Barry, Washington, D.C., were on the brief, for intervenor RKO General, Inc.

Before WRIGHT and TAMM, Circuit Judges, and LUTHER M. SWYGERT, Senior Circuit Judge for the Seventh Circuit.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Appellant, Multi-State Communications, Inc. (Multi-State), challenges two orders of the Federal Communications Commission (Commission). The first order reallocated television Channel 9 from New York to New Jersey and granted, without a comparative hearing, a five-year license to operate Channel 9 to Intervenor RKO General, Inc. (RKO). 53 Rad.Reg.2d (P & F) 469 (1983). The second order...

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