AMERICAN FAMILY ASS'N, INC. v. F.C.C.

Nos. 00-1310, 00-1479 and 01-1222.

365 F.3d 1156 (2004)

AMERICAN FAMILY ASSOCIATION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. National Public Radio, Inc. and Association of Public Television Stations, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2004.


Attorney(s) appearing for the Case

Stephen M. Crampton argued the cause for petitioners American Family Association, Inc. and Community Television, Inc. With him on the briefs were Patrick J. Vaughn, Brian Fahling, Michael J. DePrimo, and Gene A. Bechtel.

Ernest T. Sanchez argued the cause for petitioner State of Oregon. With him on the briefs was Susan M. Jenkins.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel.

Lonna M. Thompson, Neal A. Jackson, Gregory A. Lewis, and Michelle M. Shanahan were on the brief for intervenors. Marilyn Mohrman-Gillis entered an appearance.

Angela J. Campbell and Jeffrey M. Karp were on the brief for amicus curiae Office of Communication of the United Church of Christ, Inc. in support of respondents.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

These consolidated petitions for review challenge the Federal Communication Commission's ("FCC") new system for allocating noncommercial educational ("NCE") broadcast licenses among competing applicants. This system allocates the licenses primarily by awarding "points" to each applicant based on several criteria; the applicant with the highest number of points presumptively is...

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