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RED ROCK BROADCASTING, INC. v. F.C.C.

Nos. 92-1541, 95-1338.

94 F.3d 698 (1996)

RED ROCK BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 1996.

Attorney(s) appearing for the Case

Barry D. Wood, Washington, DC, with whom Mark A. Brinton was on the brief, argued the cause for appellant Red Rock Broadcasting, Inc.

Gregory M. Christopher, Counsel, Federal Communications Commission ("FCC"), Washington, DC, with whom William E. Kennard, General Counsel, and Daniel M. Armstrong, Associate General Counsel, FCC, were on the brief, argued the cause for appellee. Roberta L. Cook, Counsel, FCC, entered an appearance.

Before SILBERMAN and RANDOLPH, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

Opinion for the court filed by Senior Circuit Judge BUCKLEY.

BUCKLEY, Senior Circuit Judge:

Appellant Red Rock Broadcasting seeks review of the Federal Communications Commission's decision to return Red Rock's application for a new FM radio station as unacceptable for filing. We find that the FCC did not abuse its discretion in refusing to grant Red Rock a waiver of its minimum spacing rules; and we hold that, under the agency's "hard look" procedures, the...

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