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VENTURA BROADCASTING CO. v. F.C.C.

Nos. 83-2167, 84-1227.

765 F.2d 184 (1985)

VENTURA BROADCASTING CO., Ventura, California, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Absolutely Great Radio, Inc. and William Shearer et al., Intervenors. William SHEARER et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Absolutely Great Radio, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1985.

Attorney(s) appearing for the Case

David D. Oxenford, Washington, D.C., with whom Martin R. Leader and Clifford M. Harrington, Washington, D.C., were on brief, for appellant in No. 83-2167.

Walter E. Diercks, Washington, D.C., with whom James L. Winston, Washington, D.C., was on brief, for appellants in No. 84-1227 (intervenors in No. 83-2167).

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 appellee.

Lee J. Peltzman, Washington, D.C., with whom B. Jay Baraff and Aaron Shainis, Washington, D.C., were on brief, for intervenor Absolutely Great Radio, Inc.

Before WRIGHT, TAMM and MIKVA, Circuit Judges.

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

J. SKELLY WRIGHT, Circuit Judge.

This case consists of two consolidated appeals from a comparative licensing proceeding conducted by the Federal Communications Commission to select one of three mutually exclusive applicants to construct an FM radio station in Ventura, California. Following a hearing before an FCC Administrative Law Judge (ALJ) and an appeal to the FCC Review Board, the Commission...

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