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ACHERNAR BROADCASTING CO. v. F.C.C.

Nos. 91-1516, 92-1149 and 94-1429.

62 F.3d 1441 (1995)

ACHERNAR BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, National Radio Astronomy Observatory, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 1995.

Attorney(s) appearing for the Case

Margot Polivy, Washington, DC, argued the cause, for appellant Achernar Broadcasting Co. Katrina Renouf, Washington, DC, was on the briefs.

Gene A. Bechtel, Washington, DC, argued the cause and filed the briefs, for appellant Lindsay Television, Inc.

Michael F. Finn, Counsel, F.C.C., Washington, DC, argued the cause, for appellee. With him on the brief were William E. Kennard, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Clifford G. Pash, Jr., Counsel, F.C.C., Washington, DC.

Christopher J. Reynolds, Prince Frederick, MD, was on the brief, for intervenor.

Before WALD, SENTELLE, and ROGERS, Circuit Judges.

SENTELLE, Circuit Judge:

These appeals arise from a comparative hearing proceeding for a construction permit for a new commercial UHF television station in Charlottesville, Virginia. Appellants are the two remaining applicants, Lindsay Television, Inc., and Achernar Broadcasting Company. The challenged Federal Communications Commission order denied both applications because interference caused by either applicant's operation would preclude simultaneous use of the...

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