INDEPENDENT BROADCASTING CO. v. FEDERAL COMMUN. COM'N

No. 10693.

193 F.2d 900 (1951)

INDEPENDENT BROADCASTING CO. v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided October 25, 1951.


Attorney(s) appearing for the Case

Harold E. Mott, Washington, D. C., with whom Robert L. Heald and Edward F. Kenehan, Washington, D. C., were on the brief, for appellant. Vincent B. Welch, Washington, D. C., also entered an appearance for appellant.

Mary Jane Morris, Attorney, Federal Communications Commission, and Richard A. Solomon, Attorney, Federal Communications Commission, Washington, D. C., with whom Benedict P. Cottone, General Counsel, Federal Communications Commission, Max Goldman, Asst. General Counsel, Federal Communications Commission, and Thomas H. Wall, Attorney, Federal Communications Commission, all of Washington, D. C., were on the brief, for appellee. Harry M. Plotkin, Acting General Counsel, Federal Communications Commission, Washington, D. C., also entered an appearance for appellee.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

The independent Broadcasting Company's application for a permit to construct a standard broadcast station (AM) at Knoxville, Tennessee, was granted by the Federal Communications Commission on October 10, 1946, without a hearing. Some two months later Independent applied for permission to construct a frequency modulation (FM) station at Knoxville. With respect to the second application, a preliminary investigation was conducted which...

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