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ORION v. FEDERAL COMMUNICATIONS COM'N

No. 96-1430.

131 F.3d 176 (1997)

ORION COMMUNICATIONS LIMITED, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Biltmore Forest Radio, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1997.

Attorney(s) appearing for the Case

Stephen C. Leckar argued the cause and filed the briefs for appellant.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, Washington, DC, argued the cause for appellee, with whom Gregory M. Christopher, Counsel, Washington, DC, was on the brief.

Donald J. Evans, Timothy K. Brady, Brentwood, TN, and Robert A. DePont, Annapolis, MD, were on the brief for intervenors, Biltmore Forest Radio, Inc., et al.

Before: EDWARDS, Chief Judge, GINSBURG, and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Orion Communications, Ltd. appeals from an order of the Federal Communications Commission rescinding Orion's interim authority to operate an FM station and granting that authority to a consortium of Orion's competitors whose license applications the Commission had previously rejected. We hold that the FCC acted arbitrarily and capriciously and we reverse the Commission's decision...

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