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CHANNEL ONE SYSTEMS, INC. v. F.C.C.

No. 88-1100.

848 F.2d 1305 (1988)

CHANNEL ONE SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

June 14, 1988.

Attorney(s) appearing for the Case

Christopher D. Imlay, Washington, D.C., for petitioner.

Daniel M. Armstrong, Associate Gen. Counsel, and Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., were on the respondents' motion to dismiss. Laura Heiser, Dept. of Justice, Washington, D.C., also entered an appearance for respondents.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.

On Motion to Dismiss

PER CURIAM:

This case is before the court on respondent Federal Communications Commission's ("FCC") motion to dismiss as untimely the petition for review by Channel One Systems, Inc. ("Channel One"). The contested issue is whether the 60-day filing period, which begins at 3 p.m. on the date public notice is given, terminates at 3 p.m. on the 61st day, or, on the 60th day. The parties agree that the order was released on December 10,...

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