COALITION FOR PRES. OF HISPANIC BROAD. v. F.C.C.

Nos. 87-1285, 87-1287, 87-1299, 88-1564, 88-1588 and 88-1596.

893 F.2d 1349 (1990)

COALITION FOR THE PRESERVATION OF HISPANIC BROADCASTING, et al, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent, Univision Holdings, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1990.

Opinion on Denial of Rehearing March 23, 1990.

Rehearing Granted March 27, 1990.


Attorney(s) appearing for the Case

Martin E. Firestone, for Hispanic Broadcasting Systems, Inc., with whom Bruce A. Eisen, for Coalition for the Preservation of Hispanic Broadcasting, and Richard S. Rodin, Washington, D.C., for Susan M. Jaramillo, were on the joint brief for petitioners in Nos. 87-1285, 87-1287, 88-1564, and 88-1596.

Morton L. Berfield, with whom Lewis I. Cohen and Roy W. Boyce, Washington, D.C. were on the brief for petitioner, Hispanic Broadcasting Limited Partnership, in No. 87-1299.

James P. Riley, with whom Robert A. DePont, Washington, D.C., was on the brief for petitioner, TVL Corp., in No. 88-1588.

Sue Ann Preskill, Counsel for the FCC, with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Washington, D.C., and S. Lee Martin, Counsel, FCC, were on the brief for respondent in all cases.

Richard E. Wiley, with whom John C. Quale, Washington, D.C., and Diane Z. Goldman were on the brief for intervenors, Univision Holdings, Inc., et al., in Nos. 87-1285, 87-1287, 87-1299, 88-1564, 88-1588, and 88-1596. James R. Bayles also entered an appearance for Univision Holdings, Inc., et al.

Linda K. Smith and David H. Solomon, Washington, D.C., entered appearances for intervenor, Station Representatives Ass'n, Inc. in Nos. 87-1285, 87-1287, 87-1299.

L. Andrew Tollin and Leon T. Knauer, Washington, D.C., entered appearances for intervenor, Seven Hills Television Co., in Nos. 87-1285, 87-1287, 87-1299, and 88-1564.

N. Frank Wiggins, Washington, D.C., entered an appearance for intervenor, Fouce Amusement Enterprise, Inc., in Nos. 87-1285, 87-1287, 87-1299.

John L. Tierney, Richard F. Swift and Ann Bavender, Washington, D.C., entered appearances for intervenor, Bahia de San Francisco Television Co., in Nos. 87-1287 and 87-1299.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.


Rehearing En Banc Granted March 27, 1990.

Opinion for the Court filed by Circuit Judge MIKVA.

Opinion filed by Circuit Judge WILLIAMS, dissenting in part and concurring in part of the judgment.

MIKVA, Circuit Judge:

In these consolidated cases, three companies comprised of Hispanic investors, an association claiming concern with preserving Hispanic broadcasting, and an Hispanic individual petition this court for judicial review of two orders...

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