NEW SOUTH BROADCASTING CORP. v. F.C.C.

No. 87-1303.

879 F.2d 867 (1989)

NEW SOUTH BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1989.


Attorney(s) appearing for the Case

Howard W. Simcox, Jr., George R. Borsari, Jr., Washington, D.C., for appellant.

C. Grey Pash, Jr., Atty., F.C.C., with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and David Silberman, Counsel, F.C.C., Washington, D.C., were on the brief, for appellee.

Before MIKVA and D.H. GINSBURG, Circuit Judges, and WILL, Senior District Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

A radio broadcaster, New South Broadcasting Corp. ("New South"), appeals a decision of the Federal Communications Commission ("FCC" or "Commission") denying it a preference for its proposal to serve a community, Fairforest, South Carolina, that is currently without a local broadcast facility. The FCC is required under section 307(b) of the Communications Act to "make such distribution...

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