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ASSOCIATION OF MAXIMUM SERV. TELECASTERS v. F.C.C.

No. 85-1258.

853 F.2d 973 (1988)

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 August 9, 1988.

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 the brief, for petitioners.

Gregory M. Christopher, 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 respondents.

James L. Casserly and Gary J. Shapiro, Washington, D.C., were on the brief for intervenor Consumer Electronics Group of the 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 for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case is before us a second time. It involves federal regulation of "television receivers" and, more specifically, what constitutes a "receiver" so as to fall within the federal regulatory ambit. We previously remanded the record to the Federal Communications Commission for a clarification as to the scope and breadth of its order. Having...

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