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NORTHERN INDIANA BROADCASTERS, INC. v. F. C. C.

No. 24071.

459 F.2d 1351 (1972)

NORTHERN INDIANA BROADCASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, South Bend Tribune, Michiana Telecasting Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1972.

Attorney(s) appearing for the Case

Mr. Robert M. Booth, Jr., Washington, D. C., for appellant.

Miss Katrina Renouf, Counsel, Federal Communications Commission, with whom Messrs. Richard E. Wiley, Gen. Counsel at the time the brief was filed, and John H. Conlin, Associate Gen. Counsel at the time the brief was filed, were on the brief, for appellee. Mr. Henry Geller, Gen. Counsel at the time the record was filed, also entered an appearance for appellee.

Mr. John J. Dempsey, Washington, D. C., for intervenor Michiana Telecasting Corporation.

Messrs. Corwin R. Lockwood, Richard S. Rodin and William A. Bradford, Jr., Washington, D. C., were on the brief for intervenor South Bend Tribune.

Before LEVENTHAL and WILKEY, Circuit Judges, and FRANK M. JOHNSON, Jr., Chief Judge, U. S. District Court for the Middle District of Alabama.

WILKEY, Circuit Judge:

The basic issue presented for review is whether the Federal Communications Commission was correct in denying Northern Indiana's application for a license to operate a radio station in Mishawaka, Indiana, on the grounds that the applicant failed to rebut the presumption created by the Commission's Policy Statement on "Suburban Communities."1 We affirm the order of the Commission.

I. The Agency Policy and...

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