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NATIONAL PUBLIC RADIO, INC. v. F.C.C.

Nos. 00-1246, 00-1255.

254 F.3d 226 (2001)

NATIONAL PUBLIC RADIO, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Cornerstone Community Radio, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 2001.

Attorney(s) appearing for the Case

Patrick F. Philbin argued the cause for petitioners. With him on the briefs were John F. Wood, Ernest Thomas Sanchez, Susan M. Jenkins, Neal A. Jackson, Gregory A. Lewis, Michelle M. Shanahan, Marilyn Mohrman-Gillis and Robert M. Winteringham.

Dennis J. Kelly, Lauren A. Colby and John G. Bentley were on the brief for intervenors Lay Catholic Broadcasting Network, Spring Arbor College and Cornerstone Community Radio, Inc.

Cheryl A. Leanza, Andrew Jay Schwartzman and Harold J. Feld were on the brief for amicus curiae National Federation of Community Broadcasters.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Jane E. Mago, Acting General Counsel, Daniel M. Armstrong, Associate General Counsel, John M. Nannes, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Christopher Sprigman, Attorneys. Christopher J. Wright, General Counsel, Federal Communications Commission, entered an appearance.

Before: GINSBURG, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge RANDOLPH.

TATEL, Circuit Judge:

The Federal Communications Commission exempts noncommercial educational entities from participating in auctions for broadcast licenses when they apply for channels within the portion of the spectrum reserved for them, but not when they apply for channels in the unreserved spectrum. In this case, noncommercial educational broadcasters...

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