WITN-TV, INC. v. F.C.C.

No. 87-1390.

849 F.2d 1521 (1988)

WITN-TV, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Local Television Associations, Inc., Roy H. Park Broadcasting, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1988.

As Amended June 28, 1988.


Attorney(s) appearing for the Case

Craig J. Blakeley, with whom Robert A. Beizer and Adam M. Eisgrau, Washington, D.C., were on the brief for petitioner.

Sue Ann Preskill, Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Robert B. Nicholson and Laura Heiser, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.

Lawrence W. Secrest, III, Washington, D.C., was on the brief for intervenor, Roy H. Park Broadcasting, Inc. Robert L. Pettit, Washington, D.C., also entered an appearance for intervenor, Roy H. Park Broadcasting, Inc.

David D. Oxenford, Washington, D.C., was on the brief for intervenor, Local Television Associates, Inc.

Before ROBINSON, RUTH BADER GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

In August 1985 the Federal Communications Commission (FCC or Commission) assigned VHF TV channel 8 to Morehead City, North Carolina, over the objection of petitioner WITN-TV, Inc. (WITN), licensee of station WITN-TV, channel 7, Washington, North Carolina. Report and Order, 50 FED.REG. 33,546 (1985). WITN renewed its opposition to the assignment in a...

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