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KING BROADCASTING CO. v. F.C.C.

No. 88-1367.

860 F.2d 465 (1988)

KING BROADCASTING COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 1, 1988.

Attorney(s) appearing for the Case

Henry Geller, with whom Donna Lampert and Edward W. Hummers, Jr., Washington, D.C., were on the brief, for petitioner.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel and C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., were on the brief, for respondents. John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Andrew Jay Schwartzman, Washington, D.C., was on the brief for amicus curiae, Telecommunications Research and Action Center, urging affirmance.

Before WALD, Chief Judge, and EDWARDS and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitioner, King Broadcasting Company ("King"), asks this court to overturn a Federal Communications Commission ("FCC" or "Commission") order denying a request for a declaratory ruling that the petitioner would be exempt from the "equal time" requirements of section 315 of the Communications Act, 47 U.S.C. § 315 (1982) in its presentation of programs designed...

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