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MALKAN FM ASSOCIATES v. F.C.C.

Nos. 90-1281, 90-1282.

935 F.2d 1313 (1991)

MALKAN FM ASSOCIATES, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION Rio Bravo Broadcasters, Intervenor. TREY BROADCAST COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION Hamon Broadcasting Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 1991.

Attorney(s) appearing for the Case

Harry F. Cole, Washington, D.C., for appellant Malkan FM Associates in No. 90-1281.

Barry J. Fleishman, for appellant Trey Broadcast Communications, Inc., in No. 90-1282. Karen L. Bush, Washington, D.C., also entered an appearance for appellant.

Roberta L. Cook, Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, were on the brief, Washington, D.C., for appellee in No. 90-1281 and No. 90-1282.

Howard M. Weiss, Washington, D.C., and Lauren A. Colby, Frederick, Md., were on the joint brief for amici curiae G. Dale Cowle and Pike Family Broadcasting, Inc., in No. 90-1281 and No. 90-1282.

Bruce A. Eisen, Washington, D.C., was on the brief for intervenor, Rio Bravo Broadcasters, Ltd., in No. 90-1281.

Christopher D. Imlay, Washington, D.C., was on the statement for intervenor Hamon Broadcasting Corp. in No. 90-1282.

Before RUTH BADER GINSBURG, WILLIAMS, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Dissenting opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

RUTH BADER GINSBURG, Circuit Judge:

The Federal Communications Commission ("FCC" or "Commission"), under its exacting "hard look" procedures for processing FM applications, summarily rejected each of the two commercial FM radio station construction applications at issue in these consolidated cases. In both cases, the Commission...

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