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PMCM TV, LLC v. F.C.C.

No. 11-1330.

701 F.3d 380 (2012)

PMCM TV, LLC, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 2012.

Attorney(s) appearing for the Case

Donald J. Evans argued the cause for appellant. With him on briefs were Harry F. Cole and Anne Goodwin Crump .

Joel Marcus , Counsel, Federal Communications Commission, argued the cause for appellee. On the brief were Austin C. Schlick , General Counsel, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Deputy Associate General Counsel, and Laurence N. Bourne , Counsel. C. Grey Pash Jr. , Counsel, entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Section 331(a) of the Communications Act directs the Federal Communications Commission to approve "reallocations" of very high frequency (VHF) television channels to States currently lacking such a channel. Relying on this provision, appellant filed an application to reallocate VHF channels from Nevada and Wyoming to New Jersey and Delaware. The Commission denied the application, interpreting section 331(a) to require reallocations of channels...

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