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.