No. 9760, United States Court of Appeals, District of Columbia, American Broadcasting Company, Inc., v. Federal Communications Commission, Roy Hofheinz and W. N. Hooper, d/b as Texas Star Broadcasting Company (KTHT), intervoiior, Max H. Jacobs, Douglas Hicks, and Tom J. Harlin, d/b as Veterans' Broadcasting Company, intervenor; brief on behalf of appellee.