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COALITION FOR NONCOMMERCIAL MEDIA v. F.C.C.

No. 00-1253.

249 F.3d 1005 (2001)

COALITION FOR NONCOMMERCIAL MEDIA, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Western New York Public Broadcasting Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2001.

Attorney(s) appearing for the Case

Jared S. Sher argued the cause for petitioner. On the briefs were David E. Honig, John C. Quale and Mark C. Del Bianco.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, A. Douglas Melamed, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Adam D. Hirsh, Attorneys. Catherine G. O'Sullivan, Attorney, entered an appearance.

Robert A. Woods and Malcolm G. Stevenson were on the brief for intervenor Western New York Public Broadcasting Association. Lawrence M. Miller entered an appearance.

Before: EDWARDS, Chief Judge, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The Coalition for Noncommercial Media, a nonprofit organization, challenges a Federal Communications Commission order swapping the status of two television channels licensed to the Western New York Public Broadcasting Association ("the Association"). As a result of the swap, Channel 17, previously unreserved, became reserved for non-commercial use and Channel 23, previously...

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