ARKANSAS AFL-CIO v. FEDERAL COMMUNICATIONS COMMISSION

No. 92-1115.

11 F.3d 1430 (1993)

ARKANSAS AFL-CIO, and the Committee Against Amendment 2, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Radio-Television News Directors Association; KARK-TV; National Association of Broadcasters; CBS, Inc., Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1993.


Attorney(s) appearing for the Case

Andrew Schwartzman, Washington, DC, argued, for committee against AFL-CIO.

Timothy B. Dyk, Washington, DC, argued, for intervenor CBS. (Gigi B. Sohn, on brief), for petitioners.

Daniel M. Armstrong, Associate General Counsel, F.C.C., Washington, DC, argued (Robert L. Pettit and C. Grey Pash, Jr., on brief), for respondents.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS S. ARNOLD, Circuit Judges.


BEAM, Circuit Judge, with whom FLOYD R. GIBSON, Senior Circuit Judge, BOWMAN, MAGILL and LOKEN, Circuit Judges, join.

This appeal arises from the Federal Communications Commission's ("FCC") refusal to apply the fairness doctrine to KARK-TV ("KARK"1). The FCC ruled that the fairness doctrine was not statutorily mandated, and was no longer in the public interest. Based on this determination, the FCC dismissed a fairness doctrine complaint...

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