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MARLIN BROADCASTING v. F.C.C.

Nos. 90-1505, 90-1517, 90-1521, 90-1524 and 91-1012.

952 F.2d 507 (1992)

MARLIN BROADCASTING OF CENTRAL FLORIDA, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Reece Associates, Limited, Intervenor. CENTRAL FLORIDA TELEVISION, LTD., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Reece Associates, Limited, Intervenor. MAGIC CITY BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Reece Associates, Limited, Intervenor. REECE ASSOCIATES, LIMITED, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. HIGHLAND COMMUNICATIONS, LTD., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Reece Associates, Limited, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1992.

Attorney(s) appearing for the Case

William H. Crispin, with whom Dean R. Brenner, Washington, D.C., for Central Florida Television, Ltd., Lewis I. Cohen and Roy W. Boyce, Washington, D.C., for Highland Communications, Ltd., and Paul A. Zevnik, Washington, D.C., for Magic City Broadcasting, Inc., were on the joint brief, for appellants in Nos. 90-1517, 90-1521 and 91-1012.

Barry A. Friedman, Washington, D.C., was on the brief for Reece Associates, Ltd., appellant in No. 90-1524 and intervenor in Nos. 90-1505, 90-1512, 90-1517 and 91-1012.

Martin E. Firestone, Washington, D.C., entered an appearance for Marlin Broadcasting of Central Florida, Inc., appellant in No. 90-1505.

Sue Ann Kanter, Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, Washington, D.C., were on the brief, for appellee in all cases.

Before D.H. GINSBURG, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Federal Communications Commission (Commission) granted Reece Associates (Reece) a license to build a new UHF television station in Orlando, Florida. Three unsuccessful applicants, Central Florida Television, Ltd. (Central Florida), Magic City Broadcasting, Inc. (Magic City) and Highland Communications, Ltd. (Highland) now appeal from that licensing...

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