SERAFYN v. F.C.C.

No. 95-1385, 95-1440 and 95-1608.

149 F.3d 1213 (1998)

Alexander J. SERAFYN, et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, CBS Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 1998.


Attorney(s) appearing for the Case

Arthur V. Belendiuk argued the cause and filed the briefs for appellants. Shaun A. Maher and Donna T. Pochoday entered appearances.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for appellee, with whom Christopher J. Wright, General Counsel, and Daniel M. Armstrong, Associate General Counsel, were on the brief.

Richard E. Wiley, Lawrence W. Secrest, III, James R. Bayes, and Daniel E. Troy were on the brief for intervenors CBS Inc. and Westinghouse Electric Corporation. John Lane Jr., Ramsey L. Woodworth, and Robert M. Gurss entered appearances.

Before: GINSBURG, HENDERSON, and RANDOLPH, Circuit Judges.


GINSBURG, Circuit Judge:

Alexander Serafyn petitioned the Federal Communications Commission to deny or to set for hearing the application of CBS for a new station license. Serafyn objected that CBS was not fit to receive a license because it had aired a news program in which it intentionally distorted the situation in Ukraine by claiming that most Ukrainians are anti-Semitic. The Commission summarily denied the petition, holding that Serafyn had not submitted enough...

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