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COALITION FOR A HEALTHY CALIFORNIA v. F.C.C.

No. 95-70066.

87 F.3d 383 (1996)

The COALITION FOR A HEALTHY CALIFORNIA; Consumer Action of California; Linda Lawson; Robert Stern; Roy Ulrich, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, and Radio-Television News Directors Association; The National Association of Broadcasters, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Andrew J. Schwartzman, Washington, D.C.; Angela J. Campbell, Washington, D.C., for petitioners.

Daniel M. Armstrong, William E. Kennard, Christopher J. Wright, C. Grey Pash, Jr., Washington, D.C., for respondents.

Jack N. Goodman, National Association of Broadcasters, Washington, D.C., for intervenors.

Before: PREGERSON and TROTT, Circuit Judges, and WINMILL, District Judge.

TROTT, Circuit Judge:

The Coalition for a Healthy California et al. (Coalition) petitioned the Federal Communications Commission (FCC) to issue a declaratory order holding that the "fairness doctrine" is statutorily mandated by § 315 of the Communications Act, 47 U.S.C. § 315. The FCC did not respond to this request. The Coalition now petitions this court to so interpret § 315 and to articulate such a declaration. The Coalition explicitly tells...

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