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NORTH TEXAS MEDIA, INC. v. F.C.C.

No. 84-1511.

778 F.2d 28 (1985)

NORTH TEXAS MEDIA, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Denton FM Radio, Ltd., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1985.

Attorney(s) appearing for the Case

Robert Lewis Thompson, with whom Albert H. Kramer, Washington, D.C., was on brief for appellant.

David Silberman, Counsel, F.C.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.

William D. Silva, with whom Forbes W. Blair, Washington, D.C., was on brief for intervenor.

Before ROBINSON, Chief Judge, EDWARDS and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge.

North Texas Media, Inc. ("North Texas") appeals from an order of the Federal Communications Commission ("FCC" or "Commission") dismissing its application to construct an FM broadcast facility and to locate stations in both Lake Dallas, and Denton, Texas. The Commission will not accept an application for a new station unless the proposed transmitter site is "separated from...

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