United States DC Circuit

Plaintiff radio station lacks standing to appeal defendant's determination that 10 of 11 announcements aired by station KAYH-FM did not violate the Communications Act. The allegation concerns a discrete, past violation of the Act from which plaintiff did not suffer any competitive injury.

Appellate Information

• Argued 12/05/2003
• Decided 01/09/2004
• Published 01/09/2004

Judges

• Before:  EDWARDS, SENTELLE, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Dan J. Alpert argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Louis E. Peraertz, Special Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Robert H. Pate III, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel.