United States DC Circuit

The FCC's "point system" for allocating noncommercial educational broadcast licenses among competing applicants does not systematically discriminate against religious national broadcasting networks, and is not arbitrary and capricious.

Appellate Information

• Decided 05/11/2004
• Published 05/11/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen M. Crampton argued the cause for petitioners American Family Association, Inc. and Community Television, Inc.   With him on the briefs were Patrick J. Vaughn, Brian Fahling, Michael J. DePrimo, and Gene A. Bechtel., Ernest T. Sanchez argued the cause for petitioner State of Oregon.   With him on the briefs was Susan M. Jenkins., Lonna M. Thompson, Neal A. Jackson, Gregory A. Lewis, and Michelle M. Shanahan were on the brief for intervenors.  Marilyn Mohrman-Gillis entered an appearance.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel., Angela J. Campbell and Jeffrey M. Karp were on the brief for amicus curiae Office of Communication of the United Church of Christ, Inc. in support of respondents.