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ORION COMMUNICATIONS LTD. v. F.C.C.

Nos. 98-1424, 98-1434, 98-1444, 98-1445, 98-1523, 99-1188, 99-1212, 99-1249, 99-1260 and 99-1423.

213 F.3d 761 (2000)

ORION COMMUNICATIONS LIMITED, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Liberty Productions, A Limited Partnership, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2000.

Attorney(s) appearing for the Case

Stephen C. Leckar argued the cause for petitioner Orion Communications Limited, et al. With him on the briefs were Richard F. Swift, Donald J. Evans, Gene A. Bechtel, Stephen T. Yelverton and Loren A. Colby.

James K. Edmundson argued the cause and filed the briefs for petitioners Dewey Matthew Runnels and Howard G. Bill.

Dennis P. Corbett argued the cause for petitioner Davis Television Duluth, LLC., et al. and Intervenors Riverbank Restaurants, Inc., et al. With him on the briefs were Loren A. Colby and Timothy K. Brady.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause for appellees. With him on the brief were Christopher J. Wright, General Counsel, C. Grey Pash, Jr., Attorney, Joel I. Klein, Assistant Attorney General, United States Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys.

Stephen T. Yelverton, Timothy K. Brady, Donald J. Evans, Thomas A. Hart, Jr. and Scott C. Cinnamon were on the brief for intervenors.

Before: GINSBURG, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

In the Balanced Budget Act of 1997, Congress amended section 309(j) of the Communications Act of 1934 to require competitive bidding for commercial broadcast services, replacing the Commission's historic practice of awarding such licenses through comparative hearings. See Balanced Budget Act of 1997 § 3002(a)(1), Pub.L. No. 105-33, 111...

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