No. 83-1283.

730 F.2d 1549 (1984)

QUINCY CABLE TV, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, KHQ, Incorporated, Spokane Television, Inc., King Broadcasting Company, Association of Independent Television Stations, National Association of Broadcasters, Town of Quincy, Washington, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1984.

Attorney(s) appearing for the Case

John P. Cole, Jr., Washington, D.C., with whom David M. Silverman, Washington, D.C., was on the brief, for petitioner.

Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C. and J. Paul McGrath, Asst. Atty. Gen., Robert B. Nicholson and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Michael D. Berg, Washington, D.C., with whom Erwin Krasnow for National Association of Broadcasters, Washington, D.C., Arthur Stambler for Spokane Television, Inc., Edward W. Hummers, Jr. and David G. Rozzelle, Washington, D.C., for King Broadcasting Co. were on the joint brief, for intervenors.

R. Russell Eagan, Washington, D.C., was on the brief for intervenor, KHQ, Inc.

J. Laurent Scharff, Jack N. Goodman and James M. Smith, Washington, D.C., were on the brief for intervenor, Association of Independent Television Stations, Inc.

Lewis J. Papers, Lawrence A. Horn, Nancy H. Hendry and Eric H. Smith, Washington, D.C., were on the joint brief for intervenors, Corporation for Public Broadcasting, et al.

Before WRIGHT, WILKEY and BORK, Circuit Judges.



This case is a petition for review of orders of the Federal Communications Commission (the "FCC") requiring Quincy Cable T.V., Inc., to carry the signals of three commercial broadcast stations over Quincy Cable's cable television system. Quincy Cable contends that the FCC's orders violate the first amendment of the Constitution and are an unconstitutional taking of private property...


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