OFFICE OF COMMUNICATION OF UNITED CHURCH OF CHRIST v. F.C.C.

No. 84-1239.

779 F.2d 702 (1985)

OFFICE OF COMMUNICATION Of the UNITED CHURCH OF CHRIST, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Association of Broadcasters, National Radio Broadcasters Association, CBS, Inc., NAACP et al., and American Broadcasting Companies, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1985.


Attorney(s) appearing for the Case

Henry Geller, with whom Donna Lampert, Washington, D.C., was on the brief, for petitioner. Donna A. Demac, New York City, entered an appearance for petitioner.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., with whom J. Paul McGrath, Asst. Atty. Gen., Jack D. Smith, Gen. Counsel, and C. Grey Pash and Jane E. Mago, Counsel, F.C.C., and John J. Powers, III and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Timothy B. Dyk, with whom J. Roger Wollenberg and Philip D. Anker (for CBS, Inc.), Henry L. Baumann and Barry D. Umansky, Washington, D.C. (for Nat. Ass'n of Broadcasters), and Thomas Shottenfield and Mania K. Baghdadi, Washington, D.C., (for Nat. Radio Broadcasters Ass'n), were on the joint brief for intervenors CBS, Inc., Nat. Ass'n of Broadcasters, and Nat. Radio Broadcasters Ass'n. Susan A. Marshall, Washington, D.C., entered an appearance for intervenor Nat. Radio Broadcasters Ass'n.

Carl R. Ramey, Washington, D.C., entered an appearance for intervenor American Broadcasting Companies, Inc.

Wilhelmina Reuben Cooke and Barbara Shufro, Washington, D.C., entered appearances for intervenor NAACP et al.

Before WRIGHT, MIKVA and GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Petitioner challenges an order of the Federal Communications Commission (FCC) revising its regulations governing the contents of the public files of commercial radio broadcasters. The new rule requires broadcast licensees to maintain a list of at least five to ten community issues addressed by the station's programming during each three-month period. This new rule...

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