UNITED VIDEO, INC. v. F.C.C.

Nos. 88-1514, 89-1244 and 89-1252.

890 F.2d 1173 (1989)

UNITED VIDEO, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Association of Independent Television Stations, Inc. and National Association of Broadcasters, Intervenors. TRIBUNE BROADCASTING COMPANY, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Capital Cities/ABC, Inc., Association of Independent Television Stations, Inc., and National Association of Broadcasters, Motion Picture Association of America, Inc., Meredith Corporation, Intervenors. The COMMUNITY ANTENNA TELEVISION ASSOCIATION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Association of Independent Television Stations, Inc., and National Association of Broadcasters, Capital Cities/ABC, Inc., Motion Picture Association of America, Inc., Meredith Corporation, ABC Television Affiliates Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 17, 1989.


Attorney(s) appearing for the Case

John P. Cole, Jr., with whom Wesley R. Heppler, Washington, D.C., was on the brief for petitioners, United Video, Inc., et al. in No. 88-1514.

Robert A. Beizer for petitioner Tribune Broadcasting Co. in No. 89-1244. R. Clark Wadlow, Washington, D.C., also entered an appearance for Tribune Broadcasting Co.

Frank W. Lloyd, Stephen R. Effros and James H. Ewalt were on the brief for petitioner The Community Antenna Television Ass'n, Inc. in No. 89-1252.

Daniel M. Armstrong, Associate Gen. Counsel, Washington, D.C., F.C.C., with whom Diane S. Killory, Gen. Counsel and C. Grey Pash, Jr., Counsel, F.C.C., James F. Rill, Asst. Atty. Gen., Robert B. Nicholson and Laura Heiser, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents in Nos. 88-1514, 89-1244 and 89-1252.

Arthur B. Goodkind, with whom Henry L. Baumann for Nat. Ass'n of Broadcasters and Ass'n of Independent Television Stations, Inc., Joel Rosenbloom, for Capital Cities/ABC, Inc., James E. Dunstan, Washington, D.C., for Meredith Corp., Joseph W. Waz, Jr. and Fritz E. Attaway, for Motion Picture Ass'n of America, Inc., and Wade H. Hargrove and Mark J. Prak, Raleigh, N.C., for ABC Television Affiliates Ass'n were on the joint brief for intervenors Nat. Ass'n of Broadcasters, et al. in Nos. 88-1514, 89-1244 and 89-1252. Michael H. Bader and David G. O'Neil, Washington, D.C., also entered appearances for Meredith Corp.

Before WALD, Chief Judge, and EDWARDS and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

A syndicated television program is a program marketed from its supplier to local television stations by means other than a television network. In 1988, the Federal Communications Commission reinstated its "syndicated exclusivity" rules. These rules allow the supplier of a syndicated program to agree with a broadcast television station that the station shall be the exclusive presenter of the...

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