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PRESS COMMUNICATIONS LLC v. FCC

No. 16-1290.

875 F.3d 1117 (2017)

PRESS COMMUNICATIONS LLC, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Atlantic City Board of Education, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 2017.

Attorney(s) appearing for the Case

Harry F. Cole argued the cause for appellant. With him on the briefs were Anne Goodwin Crump and Ashley Ludlow .

Thaila K. Sundaresan , Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief were Howard J. Symons , General Counsel at the time the brief was filed, Jacob M. Lewis , Associate General Counsel, and Richard K. Welch , Deputy Associate General Counsel.

Matthew T. Murchison argued the cause for intervenor. With him on the brief were James H. Barker , Matthew J. Glover , and Alexander L. Stout .

Before: Pillard and Wilkins, Circuit Judges, and Silberman, Senior Circuit Judge.

Press Communications (Press) runs a radio station broadcasting from a small town on the Atlantic Coast in New Jersey. Press would like to move the station to different premises further inland — a move that for technological and regulatory reasons would require it also to shift to a new channel on the radio dial. Press...

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