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BECHTEL v. F.C.C.

Nos. 91-1112, 91-1116.

957 F.2d 873 (1992)

Susan M. BECHTEL, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Anchor Broadcasting Limited Partnership, Intervenor. GALAXY COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Appellees, Anchor Broadcasting Limited Partnership, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1992.

Attorney(s) appearing for the Case

Barry D. Wood, with whom Ronald D. Maines, Washington, D.C., was on the brief, for appellant Galaxy Communications, Inc., in 91-1116.

Gene A. Bechtel, Washington, D.C., for appellant Susan M. Bechtel in 91-1112.

David Silberman, Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel, and Daniel M. Armstrong, Associate General Counsel, Washington, D.C., were on the brief, for appellee in 91-1112 and 91-1116.

Lewis I. Cohen and Roy W. Boyce, Washington, D.C., were on the brief for intervenor Anchor Broadcasting Limited Partnership in both cases.

Before WALD, SILBERMAN, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Two unsuccessful applicants for a new FM radio station appeal an FCC grant of the license to their competitor Anchor Broadcasting Limited Partnership. One key criterion upon which the Commission relied to award the license to Anchor was Anchor's degree of "integration" of ownership into management. Galaxy Communications, Inc.'s primary...

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