HEALTH & MEDICINE POLICY RESEARCH GROUP v. F.C.C.

No. 85-1837.

807 F.2d 1038 (1986)

HEALTH AND MEDICINE POLICY RESEARCH GROUP, et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Metromedia Radio & Television, Inc., Fox Television Stations, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1986.

As Amended January 8, 1987.


Attorney(s) appearing for the Case

Andrew Jay Schwartzman, with whom David W. Danner, Washington, D.C., was on the brief, for appellants.

David Silberman, Counsel, F.C.C., with whom Jack D. Smith, General Counsel, and Daniel M. Armstrong, Associate General Counsel, F.C.C., Washington, D.C., were on the brief, for appellee.

Howard M. Squadron, New York City, of the Bar of the United States Supreme Court, pro hac vice by special leave of Court for intervenor, Fox Television Stations, Inc., Joel H. Levy, Brian M. Madden, Michael R. Gardner and James P. Denvir, Washington, D.C., were on the brief, for intervenor, Fox Television Stations, Inc.

Thomas J. Dougherty and Gene P. Belardi, Washington, D.C., were on the brief, for intervenor, Metromedia, Inc.

Before STARR and BUCKLEY, Circuit Judges, and GASCH, Senior District Judge.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case presents a challenge to the FCC's grant of a waiver from its cross-ownership rules in connection with the assignment of six television station licenses from Metromedia Radio & Television, Inc. to Fox Television Stations, Inc.1 Specifically, the FCC granted Fox a temporary waiver from its rule prohibiting...

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