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OFFICE OF COMMUNICATION OF THE UNITED CHURCH OF CHRIST v. F.C.C.

No. 89-1109.

911 F.2d 813 (1990)

OFFICE OF COMMUNICATION OF The UNITED CHURCH OF CHRIST and Action for Children's Television, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 1990.

Attorney(s) appearing for the Case

Donna Lampert, with whom Henry Geller and Andrew Schwartzman were on the brief, for petitioners.

C. Grey Pash, Jr., Atty., F.C.C. ("FCC"), with whom Robert L. Pettit, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, FCC, James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan, and David Seidman, Attys., Dept. of Justice, were on the brief, for respondents. Diane S. Killory also entered an appearance for respondents.

Before BUCKLEY, D.H. GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

In 1982, the Federal Communications Commission amended its rules to eliminate its twenty-year-old "anti-trafficking" policy, under which the purchase and resale of broadcast licenses within three years was presumed to be contrary to the public interest. Little more than a year after the Commission had denied reconsideration of the amendment, petitioners applied for a new rulemaking...

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