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SWAN CREEK COMMUNICATIONS, INC. v. F.C.C.

No. 93-1230.

39 F.3d 1217 (1994)

SWAN CREEK COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent, Welch Communications, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1994.

Attorney(s) appearing for the Case

Christopher D. Imlay, Washington, DC, argued the cause and filed the briefs for appellant.

David Silberman, counsel, F.C.C., Washington, DC, argued the cause for appellee. With him on the briefs were William E. Kennard, General Counsel, and Daniel M. Armstrong, Associate General Counsel, F.C.C., Washington, DC.

J. Richard Carr, Washington, DC, entered an appearance for intervenor.

Before: EDWARDS, Chief Judge, SENTELLE and ROGERS, Circuit Judges.

Opinion of the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Petitioner Swan Creek Communications, Inc. ("Swan Creek"), challenges the opinion and order of the Federal Communications Commission finding that Swan Creek was financially unqualified for the construction permit for an FM station in Swanton, Ohio, and that its partners lacked candor before the Commission. Petitioner also challenges the Commission's finding that intervenor Welch Communications...

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