Channel 51 of San Diego, Inc. v. Federal Communications Commission, and Fox Television Stations, Inc., Intervenors

SENTELLE, Circuit Judge:

Channel 51 of San Diego, Inc. (Channel 51), the licensee of Television Broadcast Station KUSI-TV, which operates on UHF Channel 51 in San Diego, California, appeals an order of the Federal Communications Commission (FCC) granting a permit to Fox Television Stations, Inc. (Fox), to electronically transmit television programming from the United States to Station XETV, Tijuana, Mexico, for rebroadcast into the United States. Because we hold that the FCC misinterpreted the effect of the North American Free Trade Agreement (NAFTA) on the meaning of the relevant provisions…