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CITIZENS FOR JAZZ ON WRVR, INC. v. F.C.C.

No. 84-1431.

775 F.2d 392 (1985)

CITIZENS FOR JAZZ ON WRVR, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Riverside Broadcasting Co., Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1985.

Attorney(s) appearing for the Case

Sandra Parker for the appellant.

David Silberman, Atty., F.C.C., Washington, D.C., with whom Jack D. Smith, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief, for appellee. Sue Ann Preskill, Atty., F.C.C., Washington, D.C., also entered an appearance for appellee.

George H. Shapiro, Washington, D.C., was on brief for intervenor.

Before BORK and SCALIA, Circuit Judges, and MACKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Citizens for Jazz on WRVR, Inc. ("Citizens") appeals from a decision of the Federal Communications Commission rejecting without a hearing its petition to deny the application of Riverside Broadcasting Company, Inc. ("Riverside") for a radio broadcasting license renewal. The case presents the question of the proper standard to be used by the Commission in determining whether a petition...

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