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  5. 753 F.2d 1132 (1985)
 

WHW ENTERPRISES, INC. v. F.C.C.

Nos. 83-2067, 83-2071 and 83-2072.

753 F.2d 1132 (1985)

WHW ENTERPRISES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Portage, Inc., Portage, Michigan, Intervenor. The AIR-BORNE GROUP, LTD., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Portage, Inc., Portage, Michigan, Intervenor. James R. SEARER, James M. Searer and Susan L. Homan d/b/a Sear Broadcasting Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Portage, Inc., Portage, Michigan, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1985.

Attorney(s) appearing for the Case

James L. Blair, Rockville, Md., with whom Robert A. Bernstein, Rockville, Md., was on brief, for appellant, WHW Enterprises, Inc. in No. 83-2067.

Angela J. Campbell, Washington, D.C., with whom Richard R. Zaragoza and Clifford M. Harrington, Washington, D.C., were on brief, for appellant, Air-Borne Group in No. 83-2071.

Howard M. Weiss, Washington, D.C., was on brief for appellant, Sear Broadcasting Co., in No. 83-2072.

Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, General Counsel, Daniel M. Armstrong, Associate General Counsel and R. Barthen Gorman, Counsel, F.C.C., Washington, D.C., were on brief, for appellee in Nos. 83-2067, 83-2071 and 83-2072.

John C. Quale and Robert A. Beizer, Washington, D.C., entered appearances for intervenor, Radio Portage, Inc., in Nos. 83-2067, 83-2071 and 83-2072.

Before TAMM, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In this case, we review a decision of the Federal Communications Commission ("FCC" or "Commission") granting Radio Portage, Inc. ("RPI") authority to construct an FM broadcast facility in Portage, Michigan. In September 1975, the FCC allocated channel 299, a class B FM broadcast facility, to Kalamazoo, Michigan.1 Four applicants competed...

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