FORT HARRISON TELECASTING CORPORATION v. F. C. C.

Nos. 17279, 17356, 17380.

324 F.2d 379 (1963)

FORT HARRISON TELECASTING CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Illiana Telecasting Corporation, Wabash Valley Broadcasting Corporation, Intervenors. 220 TELEVISION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting-Paramount Theatres, Inc., Signal Hill Telecasting Corporation, Intervenors. SANGAMON VALLEY TELEVISION CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Signal Hill Telecasting Corporation, Illiana Telecasting Corporation, American Broadcasting-Paramount Theatres, Inc., Plains Television Corporation, 220 Television, Inc., The State of Illinois, Metromedia, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1963.

Petition for Rehearing Petitioner Denied September 25, 1963.

Petitions for Rehearing Petitioner Denied November 6, 1963.


Attorney(s) appearing for the Case

Mr. H. Ralph Johnston, of the bar of the Supreme Court of Indiana, Terre Haute, Ind., pro hac vice, by special leave of court, with whom Messrs. Edward F. Kenehan and Henry R. Goldstein, Washington, D. C., were on the brief, for petitioner in No. 17,279.

Mr. Alan Y. Naftalin, Washington, D. C., with whom Mr. Bernard Koteen, Washington, D. C., was on the brief, for petitioner in No. 17,356.

Mr. D. M. Patrick, Washington, D. C., with whom Messrs. Stanley S. Harris, Washington, D. C., and Jay E. Ricks were on the brief, for petitioner in No. 17,380.

Mr. Daniel R. Ohlbaum, Assoc. Gen. Counsel, with whom Mr. Max D. Paglin, Gen. Counsel, and Mrs. Louise H. Renne, Counsel, Federal Communications Commission, were on the brief, for respondent Federal Communications Commission. Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered an appearance in Nos. 17,279 and 17,356.

Mr. Lionel Kestenbaum, Attorney, Department of Justice, was on the brief for respondent United States of America.

Mr. Thomas H. Wall, Washington, D. C., with whom Mr. John B. Jacob, Washington, D. C., was on the brief, for intervenor Illiana Telecasting Corp. in Nos. 17,279 and 17,380.

Mr. Michael H. Bader, Washington, D. C., for intervenor Wabash Valley Broadcasting Corp., in No. 17,279. Messrs Andrew G. Haley and William J. Potts, Jr., Washington, D. C., were on the brief for intervenor Wabash Valley Broadcasting Corp. in No. 17,279.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for intervenor American Broadcasting-Paramount Theatres, Inc., in No. 17,356, and intervenors American Broadcasting Paramount Theatres, Inc., Plains Television Corp. and Metromedia, Inc., in No. 17,380. Mr. David S. Stevens, Washington, D. C., also entered an appearance for intervenor Plains Television Corp.

Mr. Monroe Oppenheimer, Washington, D. C., with whom Mr. Isadore G. Alk, Washington, D. C., was on the brief, for intervenor Signal Hill Telecasting Corporation in Nos. 17,356 and 17,380.

Mr. Maxwell Brooks Byus, Springfield, Ill., for intervenor State of Illinois in No. 17,380.

Before BAZELON, Chief Judge, and WASHINGTON and WRIGHT, Circuit Judges.


Petition for Rehearing En Banc by Petitioner in No. 17,380 Denied September 25, 1963.

Petitions for Rehearing En Banc by Petitioner in No. 17,356 and by State of Illinois, Intervenor in No. 17,380 Denied November 6, 1963.

WASHINGTON, Circuit Judge.

These cases present questions arising from the action of the Federal Communications Commission in transferring from Springfield, Illinois, the only VHF channel (Channel 2) allocated to that city, and substituting...

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