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ASS'N OF MAXIMUM SERVICE TELECASTERS v. F.C.C.

No. 85-1258.

791 F.2d 207 (1986)

ASSOCIATION OF MAXIMUM SERVICE TELECASTERS, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Consumer Electronics Group, Community Broadcasters Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 1986.

As Amended June 3, 1986.

Attorney(s) appearing for the Case

Paul G. Gaston, with whom William H. Allen, Jonathan D. Blake, Henry L. Baumann, Julian L. Shepard and J. Laurent Scharff, Washington, D.C., were on brief for petitioners.

Gregory M. Christopher, Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief for respondents.

James L. Casserly and Gary J. Shapiro, Washington, D.C., were on brief for intervenor, Consumer Electronics Group of Electronic Industries Ass'n.

Peter Tannenwald, Washington, D.C., entered an appearance for intervenor, Community Broadcasters Ass'n.

Before STARR and SILBERMAN, Circuit Judges, and WRIGHT, Senior Circuit Judge.

OPINION PER CURIAM.

PER CURIAM:

This case involves a challenge by petitioners and intervenors to the FCC's determination that a device Sanyo Manufacturing Corporation sought to market did not fall within the confines of the All-Channel Receiver Act of 1962, 47 U.S.C. § 303(s) (1982), or the Commission's all-channel rules. The All-Channel Receiver Act (the Act) provides that the Commission "shall ... [h]ave authority to require that apparatus designed...

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