EASTERN CAROLINAS BROADCASTING CO. v. F.C.C.

No. 84-1174.

762 F.2d 95 (1985)

EASTERN CAROLINAS BROADCASTING CO., Capital Communications, Inc., Columbia Television Broadcasters, Inc., and Cosmos Broadcasting Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Clay Broadcasting Company, First Charleston Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1985.


Attorney(s) appearing for the Case

Kathryn R. Schmeltzer, Washington, D.C., with whom Jeffrey W. Malickson, Ben C. Fisher, Angela J. Campbell, Lee W. Shubert and John J. Duffy, Washington, D.C., were on the brief, for appellants.

David Silberman, 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 the brief, for appellee.

Robert A. Beizer, Washington, D.C., with whom Jane D. Woodfin, Washington, D.C., was on the brief, for intervenors First Charleston Corp., et al.

Frank U. Fletcher, Vincent J. Curtis, Jr. and David G. Rozzelle, Washington, D.C., were on the brief for intervenor Clay Broadcasting Co.

Before WALD, GINSBURG and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In 1983, this court affirmed in nearly all respects two separate orders of the Federal Communications Commission ("FCC" or "the Commission") authorizing the construction of two "tall tower" television transmitters near Florence, South Carolina. We agreed with appellant Eastern Carolinas Broadcasting Corporation (doing business as WPDE), however, that the Commission had not adequately explained...

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