FILED

FOR PUBLICATION NOV 21 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT MINORITY TELEVISION PROJECT, No. 09-17311 INC.,

D.C. No. 3:06-cv-02699-EDL

Plaintiff - Appellant,

v. ORDER FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA,

Defendants - Appellees,

and LINCOLN BROADCASTING COMPANY,

Intervenor. KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R. App. P. 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.