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NATIONAL BLACK MEDIA COALITION v. F.C.C.

No. 479, Docket 85-4121.

791 F.2d 1016 (1986)

NATIONAL BLACK MEDIA COALITION and The New York Affiliate, National Black Media Coalition, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Association For Broadcast Engineering Standards, Inc. and National Association Of Broadcasters, Intervenors.

United States Court of Appeals, Second Circuit.

Decided May 27, 1986.

Attorney(s) appearing for the Case

Robert T. Perry, Media Law Clinic, New York Law School, New York City (David E. Honig, Washington, D.C., of counsel), for petitioners.

David Silberman, F.C.C., Washington, D.C. (Jack D. Smith, Gen. Counsel, FCC, Daniel M. Armstrong, Associate Gen. Counsel, FCC, Douglas H. Ginsburg, Asst. Atty. Gen., John J. Powers III, U.S. Dept. of Justice, Jonathan David, of counsel), for respondents.

(William J. Potts, Jr., John P. Crigler, Haley, Bader & Potts, Washington, D.C., Henry L. Baumann, Barry D. Umansky, National Ass'n of Broadcasters, Washington, D.C., of counsel), for intervenors.

Before OAKES, KEARSE and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

This is a petition to review a report and order of the Federal Communications Commission ("FCC" or "Commission"), released May 7, 1985, concerning frequency allocations on fourteen AM broadcast channels known as AM foreign clear channels. Petitioners National Black Media Coalition and its New York affiliate ("National Black Media") challenge the FCC's departure from its minority preference policy in new rules governing applications for broadcast...

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