Court of Appeals to hear case of petitions rejected by FCC

JERSEY CITY, N.J. - The United States Court of Appeals will hear the case of two Ukrainian Americans who had petitioned the Federal Communications Commission in a move against the broadcasting giant CBS, which had broadcast "The Ugly Face of Freedom" on its "60 Minutes" program in October 1994. The FCC had rejected the petitions in November 1995.

Alexander Serafyn of Troy, Mich., and Oleg Nikolyszyn of Providence, R.I., had filed petitions with the FCC to block transfer of CBS licenses in their respective hometowns in connection with the CBS broadcast, which they stated was news distortion. In addition the two asserted that CBS failed to meet its public interest obligations by not serving the needs of the Ukrainian American public.

Arthur Belendiuk, attorney for the two petitioners, said, "The main point I will argue is that the FCC did not give us due process because they failed to investigate our concerns; they failed to set the petition for hearing."

He said he wants the FCC to look into certain extrinsic evidence he has presented, which they have refused to do.

The first briefs in the appeal process are due before the U.S. Court of Appeals, District of Columbia Circuit, on June 25, with oral arguments scheduled to begin on October 16.

Copyright © The Ukrainian Weekly, April 28, 1996, No. 17, Vol. LXIV

| Home Page |