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

No. 413, Docket 86-4073.

822 F.2d 277 (1987)

NATIONAL BLACK MEDIA COALITION and The New York Affiliate, National Black Media Coalition, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Association of Broadcasters, Intervenor.

United States Court of Appeals, Second Circuit.

Decided June 24, 1987.

Attorney(s) appearing for the Case

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

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C. (Douglas H. Ginsburg, Asst. Atty. Gen., Catherine G. O'Sullivan, Andrea Limmer, U.S. Dept. of Justice, Jack D. Smith, Gen. Counsel, David Silberman, F.C.C., of counsel), for respondents.

(Henry L. Baumann, Barry D. Umansky, Robert E. Branson, Nat. Ass'n of Broadcasters, Washington, D.C., of counsel), for intervenor.

Before VAN GRAAFEILAND and PIERCE, Circuit Judges, and LASKER, District Judge.

PIERCE, Circuit Judge:

The National Black Media Coalition and its New York Affiliate (collectively "petitioners" or "NBMC") petition for review of the Federal Communication Commission's ("FCC") orders in In re Implementation of BC Docket 80-90 to Increase the Availability of FM Broadcast Assignments, Second Report and Order, 101 F.C.C.2d 638 (1985) ("Second Report and Order"), on reconsideration, ___ F.C.C.2d ___, 59 Rad.Reg.2d (P & F) 1221...

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