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TRINITY BROADCASTING OF FLORIDA, INC. v. F.C.C.

Nos. 99-1183, 99-1184 and 99-1186.

211 F.3d 618 (2000)

TRINITY BROADCASTING OF FLORIDA, INC. and Trinity Christian Center of Santa Ana, Inc., d/b/a Trinity Broadcasting Network, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Colby May, National Minority Television, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 2000.

Attorney(s) appearing for the Case

Timothy B. Dyk argued the cause for appellants and intervenors supporting appellants. With him on the briefs were Howard A. Topel, Kathryn R. Schmeltzer and Lawrence D. Rosenberg. Barry H. Gottfried entered an appearance.

William H. Crispin, Dean R. Brenner and Katherine Connor Linton were on the brief of amici curiae Members of Congress, Senator John Ashcroft and Congressman Randy Cunningham.

Jordan W. Lorence was on the brief of amici curiae Evangelical Association of Pastors & Layman, et al.

Joel Marcus, Attorney, 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. C. Grey Pash, Jr., Counsel, entered an appearance.

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

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case presents a recurring question of administrative law: What constitutes sufficiently fair notice of an agency's interpretation of a regulation to justify punishing someone for violating it? The Federal Communications Commission interpreted its now-superseded minority preference regulation as requiring not only that a majority of an applicant's board of directors be minorities...

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