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VIACOM INTERN. INC. v. F.C.C.

No. C-93-1984 EFL.

828 F.Supp. 741 (1993)

VIACOM INTERNATIONAL INC., Plaintiff, v. FEDERAL COMMUNICATIONS COMMISSION, United States of America, Defendants.

United States District Court, N.D. California.

June 1, 1993.

Attorney(s) appearing for the Case

David M. Balabanian, Terry J. Houlihan, McCutchen Doyle Brown & Enersen, San Francisco, CA, George H. Shapiro, Arent Fox Kintner Plotkin & Kahn, Washington, DC, for Viacom Intern. Inc.

Stephen L. Schirle, Asst. U.S. Atty., John A. Mendez, George Chris Stoll, U.S. Attorney's Office, San Francisco, CA, for F.C.C.

Stephen E. Taylor, Alameda, CA, A. Wray Fitch, H. Robert Showers, Peter F. Rathbun, Gammon & Grange, McLean, VA, for intervenors First Century Broadcasting, Inc. and The Friendly Bible Church, Inc.

TEMPORARY RESTRAINING ORDER

LYNCH, District Judge.

I. Background

Plaintiff Viacom International Inc. ("Viacom") filed this suit challenging the constitutionality of Sections 4 and 5 of the Cable Television Consumer Protection and Competition of 1992, 47 U.S.C. §§ 534 and 535 ("1992 Act"), pursuant to the First and Fifth Amendments of the Constitution. In addition to a declaratory judgment declaring the aforesaid provisions unconstitutional...

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