Achernar Broadcasting Company v. Federal Communications Commission, National Radio Astronomy Observatory, Intervenor

SENTELLE, Circuit Judge:

These appeals arise from a comparative hearing proceeding for a construction permit for a new commercial UHF television station in Charlottesville, Virginia. Appellants are the two remaining applicants, Lindsay Television, Inc., and Achernar Broadcasting Company. The challenged Federal Communications Commission order denied both applications because interference caused by either applicant’s operation would preclude simultaneous use of the channel for radio astronomical observations at the National Radio Astronomy Observatory, an intervenor in this case. Because we find…