Citizens Committee to Save WEFM v. Federal Communications Commission

As a member of the original panel in this case, I voted to sustain the Commission’s action. At that time, I was *208concerned, as was the Commission to a limited extent,1 with the First Amendment implications of FCC efforts to encourage diversity of programming. However, in light of quite recent panel decisions of this Court which have required the FCC in license assignment proceedings to consider reductions in diversity of entertainment programming caused by format changes, I deemed the occasion inopportune for a thorough ventilation of the First Amendment issues raised by consideration of…