U.S. Court of Appeals for the D.C. Circuit, 1977

United Broadcasting Company, Inc. v. Federal Communications Commission, Washington Community Broadcasting Co., Intervenor

U.S. Court of Appeals for the D.C. Circuit · Decided August 8, 1977 · Bazelon, Davies, Per Curiam, Robinson, Ronald

565 F.2d 699; 184 U.S. App. D.C. 124 (Federal Reporter, Second Series)

Counsel

C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Werner K. Hartenberger, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., were on the brief, for appellee. Sheldon M. Guttmann, Counsel, F. C. C., Washington, D. C., also entered an appearance for appellee., Monroe Oppenheimer, Washington, D. C., for intervenor., Peter Tannenwald, Washington, D. C., for appellant. E. Stratford Smith, Vincent A. Pepper, David C. Jatlow, Thomas Schat-tenfield and David F. Tillotson, Washington, D. C., were on the brief, for appellant. Harry M. Plotkin, Theodore D. Frank and Eric L. Bernthal, Washington, D. C., also entered appearances for appellant.

Opinion

Opinion PER CURIAM.

PER CURIAM:

The only substantial issue is whether the Commission’s decision to refuse renewal to petitioner was a proper one. The Commission’s Order, United Television Co., Inc., 55 F.C.C.2d 416, 422, 423, 425 (1975), states that each of several independent reasons called for appellant’s disqualification, including breach of the Commission’s rules of technical operation. In our view, the long history of persistent violations of those rules was a sufficient reason for disqualification. The Commission’s decision is therefore affirmed on the basis of its discussion of this issue, and we reach no other question tendered by this appeal.

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