United States DC Circuit

The FCC's local television ownership rule, which allows "common ownership of two stations in the same local market only if one of them is not among the four highest ranked stations in the market and eight independently owned, full power, operational television stations remained in the market after the merger," is arbitrary and capricious where the agency fails to make a reasoned justification explaining it's "eight-voice" rationale.

Appellate Information

• Argued 01/14/2002
• Decided 04/02/2002
• Published 04/02/2002

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Barry H. Gottfried argued the cause for petitioner.   With him on the briefs were Martin R. Leader and Kathryn R. Schmeltzer., John R. Feore Jr. and Scott Dailard were on the brief for amicus curiae Paxson Communications Corporation, urging reversal.  Nina Shafran entered an appearance., Angela J. Campbell, Amy R. Wolverton, Andrew Jay Schwartzman and Harold Feld were on the brief for intervenors.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Jane E. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, FCC, and Jacob A. Lewis, Attorney, U.S. Department of Justice.