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NORTHAMPTON MEDIA ASSOCIATES v. F.C.C.

No. 90-1291.

941 F.2d 1214 (1991)

NORTHAMPTON MEDIA ASSOCIATES, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Cutter Broadcasting, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1991.

Rehearing Denied September 24, 1991.

Attorney(s) appearing for the Case

William J. Byrnes, with whom Michael H. Bader and Richard M. Riehl were on the brief, Washington, D.C., for appellant.

Gregory M. Christopher, Counsel, Federal Communications Commission (F.C.C.), with whom Robert L. Pettit, Gen. Counsel, F.C.C., and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., were on the brief, Washington, D.C., for appellee. Sue Ann Preskill, Counsel, F.C.C., Washington, D.C., also entered an appearance for appellee.

John R. Feore, Jr., was on the brief, Washington, D.C., for intervenor.

Before WALD, BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Northampton Media Associates ("NMA") asserts that the Federal Communications Commission should have rejected Cutter Broadcasting, Inc.'s application for a broadcast station construction permit because Cutter did not have documentation on hand to support its certification that it was financially qualified. The FCC replies that under the procedures then in effect, prior documentation...

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