CAL. ASS'N OF THE PHYSICALLY HANDICAPPED v. F.C.C.

Nos. 86-1105, 86-1321.

840 F.2d 88 (1988)

CALIFORNIA ASSOCIATION OF THE PHYSICALLY HANDICAPPED, INC., et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Fox Television Stations, Inc., KTLA, Inc., National Broadcasting Co., Inc., RKO General, Inc., Community Television of Southern California, KCOP Television, Inc., CBS, Inc., Metromedia, Inc., Intervenors. CALIFORNIA ASSOCIATION OF THE PHYSICALLY HANDICAPPED, INC., et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Tribune Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1988.


Attorney(s) appearing for the Case

Stanley Fleishman, Beverly Hills, Cal., with whom Robert Lind, was on the brief, for appellants in Nos. 86-1105 and 86-1321.

C. Grey Pash, Jr., Counsel, F.C.C., with whom Diane S. Killory, General Counsel and Daniel M. Armstrong, Associate General Counsel, for the F.C.C., Washington, D.C., were on the brief, for appellee in Nos. 86-1105 and 86-1321.

Timothy B. Dyk, with whom Kerry W. Kircher, for CBS, Inc., Michael R. Gardner, and James P. Denvir, for Fox Television Stations, Inc., Richard S. Rodin, for KCOP Television, Inc., Robert A. Beizer, for KTLA Inc., Arthur B. Goodkind, for NBC, Inc., Jack N. Goodman, for RKO General, Inc., were on joint brief, for Intervenors CBS, Inc., et al., in No. 86-1105. Gregory C. Staple also entered an appearance, for NBC, Inc. Judith Barry Wish also entered an appearance, for CBS, Inc. Theodore D. Frank and Marilyn D. Sonn, were on the brief, for Intervenor Community Television of Southern California in No. 86-1105. Mania R. Baghadin, Washington, D.C., also entered an appearance for Community Television of Southern California.

Robert A. Beizer, Washington, D.C., was on the brief, for Intervenor Tribune Broadcasting Co. in No. 86-1321.

Before SILBERMAN and D.H. GINSBURG, Circuit Judges, and KOZINSKI, Circuit Judge, United States Court of Appeals for the Ninth Circuit.


Opinion for the Court filed by Circuit Judge KOZINSKI.

KOZINSKI, Circuit Judge:

We consider whether the Federal Communications Commission, in approving license renewals and transfers, must take into account the extent to which broadcasters caption1 television programs for hearing-impaired viewers and whether they have an equal employment opportunity program covering the handicapped.

FACTS

Appellant California...

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