TELECOMMUNICATIONS RES. & ACTION CENTER v. F.C.C.

No. 86-1289.

836 F.2d 1349 (1988)

TELECOMMUNICATIONS RESEARCH AND ACTION CENTER, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Microband Corporation of America, Youth News, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 1988.

As Amended January 5, and January 19, 1988.


Attorney(s) appearing for the Case

David W. Danner, with whom Andrew Jay Schwartzman, Washington, D.C., was on the joint brief, for petitioner TRAC and intervenor, Youth News.

Sue Ann Preskill, Counsel, FCC, with whom Diane S. Killory, General Counsel, FCC, Daniel M. Armstrong, Associate General Counsel, FCC, Robert B. Nicholson and Robert Wiggers, U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Paul J. Sinderbrand, Washington, D.C., entered an appearance, for intervenor Microband Corp. of America.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

This petition involves Federal Communications Commission (FCC) rules promulgated to allow the so-called "excess capacity" of microwave frequencies in a portion of the radio spectrum allocated for Instructional Television Fixed Services (ITFS) to be used for the transmission of noneducational materials. Petitioner, Telecommunications Research and...

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