Peter Wayne Lechman, Appellant, v. Federal Communications Commission, Appellee,commonwealth Audio Visual Enterprises, Inc., Intervenor, 107 F.3d 923 (D.C. Cir. 1997)

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US Court of Appeals for the District of Columbia Circuit - 107 F.3d 923 (D.C. Cir. 1997) Feb. 03, 1997. Rehearing Denied March 4, 1997

Before: WILLIAMS, HENDERSON and RANDOLPH, Circuit Judges.


JUDGMENT

This cause came to be heard on an appeal from a Memorandum Opinion and Order of the Federal Communications Commission ordering appellant to reimburse a licensee for the cost of changing its radio frequency in order to accommodate appellant's radio station and holding appellant's license in abeyance until said reimbursement is made. The case having been briefed and argued by counsel, and the matter having been accorded full consideration by the court, see D.C. Cir. Rule 36(b), it is therefore

ORDERED AND ADJUDGED that the appeal be denied, substantially for the reasons set forth in the orders of the Commission, see, e.g., Peter Wayne Lechman, 11 FCC Rcd 4104 (1996). Appellant has not identified specific material issues of disputed fact.

The clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41(a). This instruction for the clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for good cause shown.

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