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TELECOMMUNIC. RESEARCH AND ACTION v. F. C. C.

No. 89-1616.

917 F.2d 585 (1990)

TELECOMMUNICATIONS RESEARCH AND ACTION CENTER, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Broadcasting Company, Inc., and Oliver Productions, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1990.

As Amended October 2, 1990.

Attorney(s) appearing for the Case

Gigi B. Sohn, with whom Andrew Jay Schwartzman, Washington, D.C. was on the brief, for petitioner.

C. Grey Pash, Jr., Atty., F.C.C., with whom Daniel M. Armstrong, Associate Gen. Counsel, Washington, D.C., was on the brief, for respondents. Robert L. Pettit, General Counsel, F.C.C., Catherine G. O'Sullivan, and Laura Heiser, Attys., U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Richard E. Wiley, Lawrence W. Secrest, III and David E. Leibowitz, Washington, D.C. entered appearances for intervenor, Oliver Productions, Inc.

Molly Pauker, Washington, D.C. entered an appearance for intervenor, Nat. Broadcasting Corp., Inc.

Before MIKVA, EDWARDS, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

Concurring Opinion filed by Circuit Judge SILBERMAN.

HARRY T. EDWARDS, Circuit Judge:

The petitioner, Telecommunications Research and Action Center ("TRAC"), challenges an order of the Federal Communications Commission ("FCC" or "Commission") holding that certain segments of The McLaughlin Group ("McLaughlin") television program are "bona fide newscasts" and thus exempt from the "equal...

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