WLVA, INC. (WLVA-TV), LYNCHBURG, V.A. v. F.C.C.

No. 24702.

459 F.2d 1286 (1972)

WLVA, INCORPORATED (WLVA-TV), LYNCHBURG, VIRGINIA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Roanoke Telecasting Corporation (WRFT-TV), Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 1972.


Attorney(s) appearing for the Case

Mr. Howard F. Roycroft, Washington, D.C., with whom Mr. Marvin J. Diamond, Washington, D.C., was on the brief, for appellant.

Mr. Charles M. Firestone, Counsel, Federal Communications Commission, with whom Messrs. Richard E. Wiley, Gen. Counsel, and John H. Conlin, Associate Gen. Counsel at the time the brief was filed, Federal Communications Commission, were on the brief, for appellee. Mr. Edward J. Kuhlmann, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Philip M. Baker, Washington, D.C., for intervenor. Mr. Alexander N. Apostolou, Roanoke, Va., also entered an appearance for intervenor.

Before WRIGHT and TAMM, Circuit Judges, and JOHNSON, Chief Judge, United States District Court for the Middle District of Alabama.


J. SKELLY WRIGHT, Circuit Judge:

This appeal1 presents important and complex questions concerning the need for evidentiary hearings under Section 309 of the Communications Act of 1934, as amended, 47 U.S.C. § 309 (1970). WLVA, Incorporated (WLVA-TV), our appellant, challenges a September 9, 1970 memorandum opinion and order2 of the Federal Communications Commission granting without a hearing the application...

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