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BECHTEL v. F.C.C.

Nos. 92-1378, 93-1264 and 93-1265.

10 F.3d 875 (1993)

Susan M. BECHTEL, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent, Anchor Broadcasting Limited Partnership; Galaxy Communications, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1993.

Attorney(s) appearing for the Case

Gene A. Bechtel argued the cause for petitioner Susan M. Bechtel in Nos. 92-1378 and 93-1264. With him on the briefs was Harry F. Cole.

Barry D. Wood argued the cause and filed the briefs for petitioner Galaxy Communications, Inc. in No. 93-1265 and entered an appearance for intervenor Galaxy Communications, Inc. in No. 92-1378.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., argued the cause for respondent. With him on the brief were Renée Licht, Acting Gen. Counsel, F.C.C., and David Silberman, Counsel, F.C.C. Robert L. Pettit entered an appearance.

John J. Schauble, Jr. and Lewis I. Cohen entered an appearance for intervenor Anchor Broadcasting Ltd. Partnership.

Before: WILLIAMS, SENTELLE, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In choosing among mutually exclusive applicants seeking to build and operate a new broadcasting station, the Federal Communications Commission prefers applicants who promise that the station's owners will participate in its management. An applicant who lost because of this policy now attacks it as arbitrary and capricious.

The Commission's preference...

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