METROPOLITAN COUNCIL OF NAACP BRANCHES v. F.C.C.

Nos. 93-1471, 94-1039.

46 F.3d 1154 (1995)

METROPOLITAN COUNCIL OF NAACP BRANCHES; Robert Flynn; Hilda Rogers; Amnews Inc.; Wilbert A. Tatum, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Lenora B. Fulani; Dr. Rafael Mendez; Frederick L. Newman; The National Alliance; Fox Television Stations, Inc.; The News Corporation Limited, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1995.

Rehearing and Suggestion for Rehearing Denied April 24, 1995.


Attorney(s) appearing for the Case

Robert L. Thompson, argued the cause, and filed the briefs, for appellant Caucus, for Media Diversity.

David E. Honig and Laura Blackburn, argued the cause, and filed the briefs, for appellants Metropolitan Council of NAACP Branches, et al.

Daniel M. Armstrong, Associate General Counsel, F.C.C., argued the cause, for appellee. With him on the brief were William E. Kennard, General Counsel, and C. Grey Pash, Counsel, and Michael F. Finn, Counsel, F.C.C. Renee Licht entered an appearance, for appellee.

Mace J. Rosenstein, argued the cause, for intervenors Fox Television Stations, Inc., and The News Corp. Ltd. With him on the brief, was William S. Reyner, Jr.

Arthur R. Block filed the brief, for intervenors Lenora B. Fulani, Dr. Rafael Mendez, Frederick L. Newman, and The National Alliance.

Before SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.


Rehearing and Suggestion for Rehearing In Banc Denied April 24, 1995.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The Metropolitan Council of NAACP Branches, the Caucus for Media Diversity, and various individuals (hereinafter "appellants"), appeal from a decision of the Federal Communications Commission ("FCC" or "Commission") granting Fox Television Stations, Inc. ("Fox") a permanent waiver of its ban on the cross...

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