ACTION FOR CHILDREN'S TELEVISION v. F.C.C.

No. 84-1052.

756 F.2d 899 (1985)

ACTION FOR CHILDREN'S TELEVISION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS, Inc., National Association of Broadcasters, Washington Association for Television and Children, Office of Communication of the United Church of Christ, American Broadcasting Companies, Inc., Communication Commission of the National Council of Churches of Christ in the U.S.A., Association of Independent Television Stations, Inc., Forward Communications Corp., et al., National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1985.


Attorney(s) appearing for the Case

Henry Geller, Washington, D.C., with whom William August, Cambridge, Mass., was on the brief, for petitioner.

C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief, for respondents. George Edelstein and Robert B. Nicholson, Dept. of Justice, Washington, D.C., entered appearances for respondent Dept. of Justice.

Sally Katzen, Washington, D.C., with whom Carl R. Raney, Joel Rosenbloom, Carol H. Fishman, Valerie G. Schulte, Washington, D.C., Corydon B. Dunham, New York City, and Howard Monderer, Washington, D.C., were on joint brief, for intervenors American Broadcasting Companies, Inc., et al. Erwin G. Krasnow, Washington, D.C., also entered an appearance for intervenor Nat. Ass'n of Broadcasters.

Barbara R. Shufro, Wilhelmina Reuben Cooke, Washington, D.C., and Donna Demac, New York City, were on brief, for intervenors Wash. Ass'n for Television and Children, et al.

J. Laurent Scharff, Jack N. Goodman and Robert J. Aamoth, Washington, D.C., were on brief, for intervenor Ass'n of Independent Television Stations, Inc. James M. Smith, Washington, D.C., also entered an appearance for intervenor Ass'n of Independent Television Stations, Inc.

Robert M. Gurss and Andrew Jay Schwartzman, Washington, D.C., were on brief, for amicus curiae Nat. Educ. Ass'n urging reversal.

Before WRIGHT, GINSBURG, and SCALIA, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM.

Petitioner Action for Children's Television and supporting intervenors ("petitioners") challenge the Federal Communications Commission's January 4, 1984 Report and Order defining the obligations of television broadcast licensees to their child audiences. See In re Children's Television Programming and Advertising Practices, 96 F.C.C.2d 634 (1984) ("1984 Order"). There the Commission found that the video market, considered...

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