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BUSSE BROADCASTING CORP. v. F.C.C.

Nos. 95-1365, 95-1366.

87 F.3d 1456 (1996)

BUSSE BROADCASTING CORPORATION and Pappas Telecasting of the Midlands, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Citadel Communications Company Ltd., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1996.

Attorney(s) appearing for the Case

Vincent A. Pepper, Washington, DC, argued the cause for appellants. With him on the briefs were John G. Johnson, Jr. and Scott M. Badami.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the briefs were William E. Kennard, General Counsel, Christopher J. Wright, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, Anne K. Bingaman, Assistant Attorney General, United States Department of Justice, Robert B. Nicholson, and Marion L. Jetton, Attorneys.

Maureen E. Mahoney, Washington, DC, argued the cause for intervenor. With her on the brief were Kevin C. Boyle and Eric L. Bernthal.

Before: SILBERMAN, RANDOLPH and TATEL, Circuit Judges.

TATEL, Circuit Judge:

Citadel Communications Company, Ltd. applied to the Federal Communications Commission for permission to move KCAN-TV, a television station broadcasting ABC programs on VHF Channel 8, from Albion to Lincoln, Nebraska. Citadel also applied to operate a newly established UHF television station in Albion, Channel 24. Concerned that moving KCAN would deprive residents in the Albion area of network programming, the FCC approved the application subject...

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