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ASTV v. F.C.C.

Nos. 93-1652 to 93-1654.

46 F.3d 1173 (1995)

AMERICAN SCHOLASTIC TV PROGRAMMING FOUNDATION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. School Board of Roanoke County; Bell-South Telecommunications, Inc.; GTE Service Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 1995.

Attorney(s) appearing for the Case

Charles Cervantes, Washington, DC, argued the cause for petitioners. With him on the briefs was Adrian Cronauer, Washington, DC.

Joel Marcus, Counsel, F.C.C., Washington, DC, argued cause, for respondent. With him on the brief were William E. Kennard, Gen. Counsel, and Daniel McM. Armstrong, Associate Gen. Counsel, F.C.C., Washington, DC.

William D. Freedman, Washington, DC, argued the cause for intervenors. With him on the joint brief was Gail L. Polivy, Washington, DC. Colleen M. Egan, Washington, DC, entered an appearance for intervenors School Bd. of Roanoke County, et al.

Matthew R. Sutherland, Atlanta, GA, entered an appearance for intervenor BellSouth Telecommunications, Inc.

Before EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge SENTELLE.

WALD, Circuit Judge:

On August 30, 1993, the Federal Communications Commission ("FCC" or "Commission") granted three school boards affiliated with a local telephone company licenses to provide wireless cable service on the Instructional Television Fixed Service ("ITFS") spectrum. These licenses were mutually exclusive with applications made by petitioners...

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