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SL COMMUNICATIONS, INC. v. F.C.C.

Nos. 98-1076, 98-1103.

168 F.3d 1354 (1999)

SL COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Dorothy O. Schulze and Deborah Brigham, a General Partnership, Appellant, v. Federal Communications Commission, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1999.

Attorney(s) appearing for the Case

Barry A. Friedman argued the cause for appellant SL Communications, Inc. With him on the briefs was Michael L. Martinez.

Donald E. Martin was on the briefs for appellant Dorothy O. Schulze and Deborah Brigham, a General Partnership.

Gregory M. Christopher, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Christopher J. Wright, General Counsel, and Daniel M. Armstrong, Associate General Counsel. Pamela L. Smith, Counsel, entered an appearance.

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

Opinion for the court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Federal Communications Commission disqualified appellant Dorothy O. Schulze and Deborah Brigham ("S&B") from a comparative television licensing proceeding due to serious misconduct. Because no other qualified applicant remained, S&B proposed to "settle" the proceeding by substituting in its place appellant SL Communications ("SL"), an established, reputable broadcaster willing...

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