Bursam Communications Corporation, Appellant, v. Federal Communications Commission, 946 F.2d 127 (D.C. Cir. 1991)

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US Court of Appeals for the District of Columbia Circuit - 946 F.2d 127 (D.C. Cir. 1991) Oct. 21, 1991. Rehearing and Rehearing En Banc Denied Dec. 27, 1991

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and VAN GRAAFEILAND,*  Senior Circuit Judge, United States Court of Appeals for the Second Circuit.



This appeal from an order of the Federal Communications Commission (Commission or FCC) was considered on the record from the Commission and on the briefs and arguments of counsel. Upon full review of the case, the court concludes that appropriate disposition of the appeal does not warrant an opinion. See D.C. Cir. Rule 14(c).

Substantially for the reasons indicated by the Commission in its Memorandum Opinion and Order released January 25, 1991, we are satisfied that (1) Bursam was not entitled to a waiver of the interference protection 47 C.F.R. § 73.187 mandates for Class I stations, and that (2) the FCC legitimately adhered to the "either-or" approach clearly stated in the Commission's pathmarking decision, KPLT, Inc., 1 FCC2d 961, 964 (1965). It is therefore

ORDERED and ADJUDGED that the Commission's decision be affirmed.

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. R. 15(b) (2).


Sitting by designation pursuant to 28 U.S.C. § 294(d)