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CHM BROADCASTING LTD. PARTNERSHIP v. F.C.C.

Nos. 92-1263, 92-1271.

24 F.3d 1453 (1994)

CHM BROADCASTING LIMITED PARTNERSHIP, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Beaumont Skywave, Inc., Intervenor. TEXAS COMMUNICATIONS LIMITED PARTNERSHIP, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Beaumont Skywave, Inc., CHM Broadcasting Limited Partnership, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Michael J. Hirrel, Washington, DC, argued the cause, for CHM Broadcasting Ltd. Partnership, the appellant in No. 92-1263 and the intervenor in No. 92-1271.

Stephen Diaz Gavin, Washington, DC, argued the cause, for Texas Communications Ltd. Partnership, the appellant in No. 92-1271.

Gregory Christopher, Counsel, F.C.C., Washington, DC, argued the cause, for appellee. On brief were, Renee Licht, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Robert L. Cook, Counsel, F.C.C., Washington, DC.

On brief, was Donald J. Evans, Washington, DC, for intervenor Beaumont Skywave, Inc. James A. Kline, Washington, DC, also entered an appearance.

Before WILLIAMS, SENTELLE and HENDERSON, Circuit Judges.

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

Opinion concurring in part (Texas Communications Limited Partnership) and dissenting in part (CHM Broadcasting) filed by Circuit Judge STEPHEN F. WILLIAMS.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In choosing the licensee to operate a Beaumont, Texas FM radio station, the Federal Communications Commission (FCC) designated three mutually exclusive applicants, CHM Broadcasting Limited...

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