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FULANI v. F.C.C.

No. 834, Docket 94-4100.

49 F.3d 904 (1995)

Lenora B. FULANI and Lenora B. Fulani for President, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and The United States of America, Respondents, American Broadcasting Companies, Inc., Intervenor.

United States Court of Appeals, Second Circuit.

Decided March 16, 1995.

Attorney(s) appearing for the Case

Arthur R. Block, New York City (Joseph Kelly, Atlanta, GA, of counsel), for petitioners.

Daniel M. Armstrong, Associate General Counsel, F.C.C. (William E. Kennard, General Counsel, Michael F. Finn, Counsel, C. Grey Pash, Jr., Counsel, Washington, DC, Anne K. Bingaman, Asst. Atty. Gen., Robert B. Nicholson, John P. Fonte, of counsel), for respondents F.C.C. and the U.S.

Before: KEARSE, McLAUGHLIN and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This case concerns the "equal opportunities" or "equal time" requirement of the Communications Act of 1934. Under this provision, when a licensed broadcast station permits any "legally qualified candidate for any public office" to "use" a station, the licensee must provide all other legally qualified candidates with an equal opportunity to use its facilities. See 47 U.S.C. § 315(a) (1988). The Act exempts from the...

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