ELR Citation: ELR 20397
No(s). 24,556 (D.C. Cir. Aug 16, 1971)

Spot commercials shown over WNBC-TV in New York City advertising big cars and leaded gasoline present one side of a controversial issue of public importance and are thus subject to the mandates of the Fairness Doctrine. The merits of using larger cars and more powerful gasolines in a pollution-contaminated environment are every bit as debatable as the merits of smoking cigarettes where the Commission previously applied the doctrine. Case remanded to the FCC for findings as to whether or not WNBC has presented balanced coverage of the big car-leaded gasoline issue and, if not, what remedies are appropriate.

Counsel for Friends of the Earth
Geoffrey Cowan
Victor H. Kramer
James W. Moorman
Center for Law and Social Policy
1600 20th Street, NW
Washington, DC
(202) 387-4222

Counsel for FCC
Richard W. McLaren Assistant Attorney General
Gregory B. Hovendon Attorney
Department of Justice
Washington, DC 20530
(202) 739-2401

Richard E. Wiley General Counsel
Daniel R. Ohlbaum Deputy General Counsel
Edward J. Kuhlmann
Federal Communications Commission
Washington, DC 20554
(202) 632-7020

Counsel for Intervenor
Donald J. Mulvihill
Mathias E. Mone
Cahill, Gordon, Sonnett, Reindel & Ohl
1819 H Street, NW
Washington, DC 20006
(202) 223-3350

Before WILBUR K. MILLER, Senior Circuit Judge, McGOWAN and ROBB, Circuit Judges.

WILBUR K. MILLER, Senior Circuit Judge, would affirm.