CENTURY COMMUNICATIONS CORPORATION, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES of America, Respondents, Association of Independent Television Stations, Inc., Spanish International Communications Corp., Univision, Inc., The National Association of Broadcasters, Lincoln Broadcasting Co., National Cable Television Association, et al., Office of Communication of the United Church of Christ, Corporation for Public Broadcasting, National Association of Public Television, Public Broadcasting Service, National Broadcasting Co., Inc., Spanish International Communications Corp., Intervenors.
Richard S. LEGHORN, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Corporation for Public Broadcasting, et al., Intervenors.
Hubbard Broadcasting, Inc., Petitioner,
v.
Federal Communications Commission and United States of America, Respondents, Corporation for Public Broadcasting, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 22, 1987.
Decided December 11, 1987.
Attorney(s) appearing for the Case
John P. Cole, Jr., for joint petitioners, Century Communications Corp., et al. David M. Silverman also entered an appearance for joint petitioners, Century Communications Corp., et al.
David G. Rozzelle, with whom Marvin Rosenberg and Barry Lambergman, were on the brief for petitioner, Hubbard Broadcasting, Inc.
James L. Quarles, III, was on the brief for petitioner, Richard S. Leghorn.
Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., with whom Diane S. Killroy, Gen. Counsel, Gregory M. Christopher and C. Grey Pash, Counsel, F.C.C., were on the brief for respondents. Robert B. Nicholson and Laura Heiser, Attys., Dept. of Justice also entered appearances for respondents.
Henry Geller, with whom Donna Lampert and Andrew Schwartzman, were on the brief, for intervenor, United Church of Christ.
Michael S. Horne, with whom J. Laurent Scharff, James M. Smith and Henry L. Baumann, were on the brief, for intervenors, Nat. Ass'n of Broadcasters and Ass'n of Independent Television Stations, Inc. Julian L. Shepard and Molly Pauker also entered appearances for intervenor, National Ass'n of Broadcasters.
Arthur Pankopf, Susan Dillon, Baryn S. Futa, Martha M. Zornow, Paula A. Jameson and Nancy H. Hendry, were on the brief, for intervenors, Corp. for Public Broadcasting, et al.
Norman P. Leventhal, Raul R. Rodriquez, Sally A. Buckman, and Richard F. Swift, were on the joint brief for intervenors, Spanish Intern. Communications Corp., Nat. Independent Television Committee and Univision, Inc. Judith Whittaker, was on the brief, for intervenor, Spanish Intern. Communications Corp. Richard E. Wiley and John C. Quale, also entered appearances for intervenor, Spanish Intern. Communications Corp.
Michael D. Berg, entered an appearance for intervenor, Lincoln Broadcasting Co.
Jay E. Ricks, entered an appearance for intervenor, Nat. Cable Television Ass'n, Inc., et al.
Before WALD, Chief Judge, and MIKVA, Circuit Judge and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge WALD.
WALD, Chief Judge:
Two years ago, in Quincy Cable TV, Inc. v. Federal Communications Commission,768 F.2d 1434 (D.C.Cir.1985), cert. denied sub. nom. National Association of Broadcasters v. Quincy Cable TV, Inc., 476 U.S. 1169, 106 S.Ct. 2889, 90 L.Ed.2d 977 (1986), we struck down as violative of the first amendment the FCC's "must-carry" rules. Those rules required...
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