United States DC Circuit

Where petitioner can cite no case to show that a third party may petition for a change in another station's broadcast channel authorization, and failed to raise mutual exclusivity arguments, there is no basis to reverse agency's order swapping television channel licenses.

Appellate Information

• Argued 03/22/2001
• Decided 06/01/2001
• Published 06/01/2001

Judges

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

Court

• United States DC Circuit

Counsel

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


• For Appellees:
  
• 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.