COALITION FOR PRES. OF HISPANIC BROADCASTING v. FCC

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

931 F.2d 73 (1991)

COALITION FOR THE PRESERVATION OF HISPANIC BROADCASTING, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Spanish International Communications Corp., Station Representatives Association, Inc., Fouce Amusement Enterprises, Inc., Univision, Inc., Intervenors. HISPANIC BROADCASTING SYSTEMS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Spanish International Communications Corp., Bahia de San Francisco Television Co., Seven Hills Television Co., Station Representatives Association, Inc., Fouce Amusement Enterprises, Inc., Univision, Inc., Intervenors. HISPANIC BROADCASTING LIMITED PARTNERSHIP, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Spanish International Communications Corp., Bahia de San Francisco Television Co., Seven Hills Television Co., Station Representatives Association, Inc., Univision, Inc., Intervenors. Susan M. JARAMILLO, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Seven Hills Television Co., Univision Holdings, Inc., et al., Intervenors. TVL CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Univision Holdings, Inc., et al., Intervenor. The COALITION FOR the PRESERVATION OF HISPANIC BROADCASTING, et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Univision Holdings, Inc., et al., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1991.

As Amended May 14, 1991.


Attorney(s) appearing for the Case

Morton L. Berfield, with whom Lewis I. Cohen and Roy W. Boyce were on the brief, for appellant Hispanic Broadcasting Ltd. Partnership in No. 87-1299.

Stephen A. Sharp for appellant Hispanic Broadcasting System in No. 87-1287. Martin E. Firestone also entered an appearance for appellant.

Katrina Renouf, with whom Margot Polivy was on the brief for appellant Susan Jaramillo in No. 88-1564.

Bruce A. Eisen was on the brief for appellant Coalition for the Preservation of Hispanic Broadcasting in Nos. 87-1285 and 88-1596.

James P. Riley and Robert A. DePont were on the brief for appellant TVL Corp. in No. 88-1588.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel and Sue Ann Preskill, Counsel, F.C.C. were on the brief for appellee in Nos. 87-1285, 87-1287, 87-1299, 88-1564, 88-1588 and 88-1596.

Linda K. Smith and David H. Solomon entered appearances for intervenor Station Representatives Ass'n, Inc. in Nos. 87-1285, 87-1287 and 87-1289.

L. Andrew Tollin and Leon T. Knauer entered appearances for intervenor Seven Hills Television Co. in Nos. 87-1285, 87-1287, 87-1289, 88-1564 and 88-1588.

N. Frank Wiggins entered an appearance for intervenor Fouce Amusement Enterprises, Inc. in Nos. 87-1285, 87-1287 and 87-1289.

Richard E. Wiley, John C. Quale, James R. Bayes and Diane Z. Goldman entered appearances for intervenors Spanish Intern. Communications and Univision Holdings, Inc., et al. in Nos. 87-1285, 87-1287, 87-1289, 88-1588 and 88-1596.

John L. Tierney, Richard F. Swift and Ann Bavender entered appearances for intervenor Bahia de San Francisco Television Co. in No. 87-1287.

Before MIKVA, Chief Judge, WALD, EDWARDS, RUTH BADER GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, THOMAS, HENDERSON and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Dissenting Opinion filed by Chief Judge MIKVA.

STEPHEN F. WILLIAMS, Circuit Judge:

This is an appeal from a Federal Communications Commission decision granting a conditional renewal of several television licenses. We deny the challenges of two petitioners for failure to exhaust administrative remedies and those of two others for want of standing.1

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