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MISSION BROADCASTING CORP. v. F.C.C.

Nos. 95-1548, 96-1146.

113 F.3d 254 (1997)

MISSION BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Coast TV, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1997

Attorney(s) appearing for the Case

Lewis J. Paper, Washington, DC, argued the cause, for appellant Mission Broadcasting Corporation, with whom Robert A. Aldrich was on the briefs.

Michael J. Couzens, Oakland, CA, argued the cause and filed the briefs, for appellant Solar Television, Inc. Gene A. Bechtel entered an appearance.

David Silberman, Counsel, Federal Communications Commission, Washington, DC, argued the cause, for appellee. William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Roberta L. Cook, Counsel, were on the brief.

Donald E. Ward, Washington, DC, was on the brief, for intervenor Coast TV.

Before WALD, GINSBURG, and TATEL, Circuit Judges.

GINSBURG, Circuit Judge:

Mission Broadcasting Corporation and Solar Television, Inc. each challenge orders of the Federal Communications Commission denying to it and granting to Coast TV a permit to construct and operate a new television station in Santa Barbara, California. In each case the agency held that the appellant had failed to demonstrate that it had the reasonable assurance of financing needed to be awarded a permit. Neither appellant has shown that the...

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