CAPITOL BROADCASTING COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
New Orleans Television Corporation, American Broadcasting-Paramount Theatres, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 19, 1963.
Decided August 29, 1963.
Attorney(s) appearing for the Case
Mr. Aloysius B. McCabe, Washington, D. C., with whom Messrs. Reed T. Rollo, and Donald L. Gunnels, Washington, D. C., were on the brief, for appellant.
Mr. Herman I. Branse, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, and Daniel R. Ohlbaum, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Ruth V. Reel, and Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, also entered appearances for appellee.
Mr. Edward P. Morgan, Washington, D. C., with whom Mr. Herbert E. Forrest, Washington, D. C., was on the brief, for intervenor, New Orleans Television Corporation.
Mr. David S. Stevens, Washington, D. C., with whom Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief, for intervenor, American Broadcasting-Paramount Theatres, Inc.
Messrs. Ernest W. Jennes and Edgar F. Czarra, Jr., Washington, D. C., filed a brief in No. 17,258 on behalf of Association of Maximum Service Telecasters, Inc., as amicus curiae, urging reversal. Mr. James Van R. Springer, Washington, D. C., also entered an appearance for amicus curiae.
Before WASHINGTON, DANAHER and BASTIAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WASHINGTON, Circuit Judge.
These consolidated appeals raise questions concerning the right of the Federal Communications Commission to grant, without a full hearing, the application of intervenor New Orleans Television Corporation (hereafter referred to as New Orleans TV), permittee on Channel 12 in New Orleans, for a modification of its television construction permit authorizing a change in transmitter site and other changes. Appellant Capitol Broadcasting Company...
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