RAINBOW BROADCASTING CO. v. F.C.C.

No. 90-1591.

949 F.2d 405 (1991)

RAINBOW BROADCASTING COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Press Television Corporation, Brevard Community College, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1991.


Attorney(s) appearing for the Case

Katrina Renouf, with whom Margot Polivy, Washington, D.C., was on the brief, for petitioner.

Sue Ann Kanter, Counsel, F.C.C., with whom Robert L. Pettit, General Counsel, and Daniel M. Armstrong, Associate General Counsel, F.C.C., and John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents. C. Grey Pash, Jr., and Jane E. Mago, Counsel, F.C.C., and Marion L. Jetton, Atty., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Harry F. Cole, Washington, D.C., was on the joint brief for intervenors Press Television Corp. and Brevard Community College. Richard J. Bodorff and Jonathan W. Emord, Washington, D.C., also entered appearances for intervenor Brevard Community College.

Before MIKVA, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Rainbow Broadcasting Company ("Rainbow"), holder of a construction permit to build a television station on Channel 65 in Orlando, Florida, seeks review of a Federal Communications Commission ("FCC" or "Commission") policy allowing commercial and noncommercial television licensees to exchange channels without exposing the licensees to competing applications. Rainbow also seeks review...

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