SHURBERG BROADCASTING OF HARTFORD, INC. v. F.C.C.

No. 84-1600.

876 F.2d 902 (1989)

SHURBERG BROADCASTING OF HARTFORD, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Astroline Communications Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1989.

As Amended March 31, 1989.

Order Denying Rehearing June 16, 1989.

Order Denying Rehearing June 16, 1989.


Attorney(s) appearing for the Case

Harry F. Cole, Washington, D.C., was on the brief for appellant.

C. Grey Pash, Jr., Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on the brief, for appellee.

Lee H. Simowitz, with whom Thomas A. Hart, Jr., Washington, D.C., and Merilyn M. Srailman were on the brief, for intervenor Astroline Communications Co.

Andrew Jay Schwartzman, Washington, D.C., was on the brief for amici curiae Dept. of Communications of the Capital Region Conference of Churches, et al., urging affirmance.

David Honig, was on the brief for amici curiae Nat. Black Media Coalition, et al., urging affirmance.

Before WALD, Chief Judge, and SILBERMAN, Circuit Judge, and MacKINNON, Senior Circuit Judge.


Order Denying Rehearing En Banc June 16, 1989.

Opinion PER CURIAM.

Separate Opinions filed by Circuit Judge SILBERMAN and Senior Circuit Judge MacKINNON.

Dissenting Opinion filed by Chief Judge WALD.

PER CURIAM:

The opinions by Judges Silberman and MacKinnon in some respects differ in analysis. However, both conclude that the FCC's minority distress sale program unconstitutionally deprives Alan Shurberg and Shurberg Broadcasting of...

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