MUSIC BROADCASTING COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee, Great Trails Broadcasting Corporation, Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 5, 1954.
Decided November 18, 1954.
Attorney(s) appearing for the Case
Mr. Paul Dobin, New York City, with whom Mr. Leonard H. Marks, Washington, D. C., was on the brief, for appellant.
Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Washington, D. C., with whom Messrs. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, Washington, D. C., and Richard J. Snider, Counsel, Federal Communications Commission, Houston, Tex., were on the brief, for appellee.
Messrs. J. Roger Wollenberg, Washington, D. C., and Stanley S. Neustadt, Counsel, Federal Communications Commission, New York City, entered appearances for appellee.
Mr. Harrison T. Slaughter, Washington, D. C., for intervenor. Mr. Harold D. Cohen, Washington, D. C., appeared on the brief for intervenor.
Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WILBUR K. MILLER, Circuit Judge.
A standard broadcast station, licensed to operate only between local sunrise and local sunset, is permitted by a rule of the Federal Communications Commission also to broadcast between 4:00 a.m. and sunrise.1 The permission to do so is qualified, however, by the provision that, upon notice from the Commission that undue interference is being caused, the daytime station must refrain from such pre-sunrise...
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