Nos. 90-1251, 90-1427.

932 F.2d 993 (1991)

WLOS TV, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mary R. Kupris, Executrix of the Estate of Anthony R. Kurpis, and Cannell Communications, L.P., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1991.

Attorney(s) appearing for the Case

William S. Reyner, Jr., with whom Katherine A. Schoff was on the brief, for appellant. Peter A. Rohrbach, Washington, D.C., also entered an appearance for appellant.

C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., with whom Robert L. Pettit, Gen. Counsel, Milan, Mich., and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., were on the brief, for appellee. Sue Ann Kanter, Atty., F.C.C., Washington, D.C., also entered an appearance for appellee.

Kevin C. Greene, Atlanta, Ga., was on the brief for intervenor Mary R. Kupris, Executrix of the Estate of Anthony C. Kupris, in No. 90-1251.

John Griffith Johnson, Jr. and John R. Feore, Washington, D.C., entered appearances for intervenor Cannell Communications, L.P., in No. 90-1251.

Before: MIKVA, Chief Judge, and WALD and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

Concurring statement filed by Circuit Judge SILBERMAN.

MIKVA, Chief Judge:

Appellant WLOS TV, Inc. ("WLOS") sought permission from the Federal Communications Commission (the "FCC" or "Commission") to acquire the license of independent television station WAXA-TV ("WAXA"). WLOS hoped to operate WAXA as a satellite station, allowing WLOS to serve portions of the...

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