Three attorneys arguing appeal of FCC approval of Fox Bcstg. purc...

FCC attorney Grey Pash had used up all his allotted minutes, presiding Judge Harry Edwards said: “I'll give you one more second. You're way over your time,” then promptly asked Pash another question. Judge David Tatel joined in with repeated questions and statements, while Judge Raymond Randolph didn’t say word until rebuttal by Angela Campbell, attorney for appellants. Case had been appealed by United Church of Christ and Media Access Project (MAP), who said granting 2-year waiver of newspaper cross-ownership rule (instead of standard 6 months) to Fox parent News Corp. wasn’t in public interest. Campbell, who argued deal shouldn’t have been approved without public hearing, responded “yes” when Tatel suggested “your whole argument is whether the sale was in the public interest.” Edwards said public interest could be “variable, depending on what we're looking at.” Pash said public interest determination came with waiver -- and FCC order explained why. Responded Edwards: “I don’t see how [order] gets you where you want to go” on public interest mandate: “Where is the policy statement on public interest in this case?” Answering his own question, Edwards said it wasn’t there. Fox attorney John Roberts argued FCC had adequately applied and explained public interest in its order and said none of cases cited in support of MAP’s position by Campbell involved broadcast licensees. Edwards called Roberts’s argument “very strange opinion [but] it may be right.” FCC approved Fox purchase of Christ-Craft stations in Aug. 2001, and deal was consummated last Aug. after Fox had swapped TV stations required by FCC to comply with duopoly rule. Following hearing, MAP Pres. Andrew Schwartzman told reporters Commission “should be anxious… There’s a reasonable chance for reversal.”