BEAUFORT COUNTY BROADCASTING COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Barnacle Broadcasting Ltd., Intervenor.
Appeal from an Order of the Federal Communications Commission.
BEAUFORT COUNTY BROADCASTING COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Barnacle Broadcasting Ltd., Denton Channel Two Foundation, Inc., Wafar Communications, Inc., Public Communications Foundation For North Texas, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 28, 1985.
Decided April 11, 1986.
Attorney(s) appearing for the Case
Lawrence J. Bernard, Jr., Washington, D.C., for appellant in No. 84-1265 and petitioner in No. 84-1384.
C. Grey Pash, Jr., Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel and Daniel M. Armstrong, Associate Gen. Counsel, Washington, D.C., were on brief, for appellee in No. 84-1265 and respondents in No. 84-1384. Bruce E. Fein, Washington, D.C., entered an appearance for F.C.C. in Nos. 84-1265 and 84-1384. Edward T. Hand and Robert B. Nicholson, Attys., Dept. of Justice, Washington, D.C., entered appearances for appellee, Department of Justice, in No. 84-1384.
Frank J. Martin, Jr., Washington, D.C., for intervenor Barnacle Broadcasting, Ltd. in Nos. 84-1265 and 84-1384.
James J. Freeman and Jack N. Goodman, Washington, D.C., were on brief, for intervenor Public Communication Foundation for North Texas in No. 84-1384.
Joseph F. Hennessey, Washington, D.C., entered an appearance for intervenor Denton Channel Two Foundation, Inc. in No. 84-1384.
William M. Barnard and James J. Freeman, Washington, D.C., entered appearances for intervenor Wafar Communications, Inc. in No. 84-1384.
Before GINSBURG and BORK, Circuit Judges, and GREENE, United States District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BORK.
BORK, Circuit Judge:
Petitioner Beaufort County Broadcasting Company challenges a decision of the Federal Communications Commission denying it permission to construct a new FM broadcast station in Beaufort, South Carolina. The Commission granted the mutually exclusive application of Barnacle Broadcasting Company, Ltd. ("Barnacle") to provide first transmission service to Port Royal, South Carolina. Beaufort...
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