James REEDER, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 11, 1988.
Decided January 24, 1989.
Attorney(s) appearing for the Case
James R. Bayes, with whom Richard E. Wiley, Washington, D.C., was on the briefs, for petitioners James Reeder and L.M. Communications, Inc. in Nos. 86-1045 and 86-1623. Edward W. Hummers, David G. Rozzelle, Dan J. Alpert and Merilyn Strailman, Washington, D.C., also entered appearances for petitioners James Reeder, et al.
James K. Edmundson, with whom Mark Van Bergh, Washington, D.C., was on the brief, for petitioners Roxboro Broadcasting Co., et al. in No. 86-1607.
Julian P. Freret, Washington, D.C., for petitioner JAB Broadcasting, Inc., et al. in No. 87-1181. Christopher D. Imlay, Washington, D.C., also entered an appearance for JAB Broadcasting, Inc., et al.
Robert W. Healy was on the brief for petitioner Marine Broadcasting Corp. in No. 86-1536.
David Silberman, Counsel, Federal Communications Com'n, Washington, D.C., with whom Diane S. Killory, General Counsel, Daniel M. Armstrong, Associate General Counsel, F.C.C., Charles F. Rule, Asst. Atty. Gen., and Robert B. Nicholson and Marion L. Jetton, Attorneys, Washington, D.C., Dept. of Justice, were on the brief, for respondents in 86-1045, 86-1536, 86-1607, 86-1623 and 87-1181. John J. Powers, III, Robert J. Wiggers, Washington, D.C., and David Seidman, Attorneys, Dept. of Justice, also entered appearances for respondents.
Dennis P. Corbett, with whom Steven A. Lerman and Laura B. Humphries, Washington, D.C., were on the brief, for intervenor Capitol Broadcasting Corp. in No. 87-1181.
Gary S. Smithwick, Washington, D.C., entered an appearance for intervenor, Winfas, Inc. in No. 86-1536.
Howard W. Simcox, Washington, D.C., entered an appearance for Intervenor, Semora FM, Inc. in No. 86-1607.
Matthew H. McCormick, Washington, D.C., entered an appearance for Intervenor, Triple H Broadcasting, Inc., in No. 87-1181.
Before EDWARDS and WILLIAMS, Circuit Judges, and REYNOLDS, Senior District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed PER CURIAM.
PER CURIAM:
In 1983, the Federal Communications Commission ("FCC" or "Commission") authorized three new intermediate classes of FM stations having less restrictive mileage separation requirements than existing higher class channels. The creation of the new classes allowed the FCC to allot nearly 700 new FM channels throughout the United States. The change also made it possible for some existing low class FM stations...
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