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FEDERAL BROADCASTING SYS. v. FEDERAL COMMUN. COM'N

No. 12252.

225 F.2d 560 (1955)

FEDERAL BROADCASTING SYSTEM, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WHEC, Inc., Intervenor, Veterans Broadcasting Company, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 28, 1955.

Attorney(s) appearing for the Case

Mr. William A. Roberts, with whom Mr. E. D. Johnston, Mrs. Irene Kennedy and Mr. Julian P. Freret, Washington, D. C., were on the brief, for appellant. Mr. Morton R. Galane, Washington, D. C., entered an appearance for appellant.

Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, with whom Messrs. J. Smith Henley, Harrison, Ark., Asst. Gen. Counsel, Federal Communications Commission, Daniel R. Ohlbaum and Warren D. Quenstedt, Counsel, Federal Communications Commission, were on the brief, for appellee. Messrs. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, and Stanley S. Neustadt, New York City, Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. Thomas H. Wall, with whom Messrs. Thomas W. Wilson, Jerome H. Heckman, Frank U. Fletcher and Frank Roberson were on the brief, for intervenors. Mr. Alfred C. Cordon, Jr., Washington, D. C., entered an appearance for intervenor WHEC, Inc.

Before PRETTYMAN, FAHY and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This case involves a protest against the grant of a television permit (license) for Channel 10 in Rochester, New York, to the intervenors WHEC, Inc. (WHEC) and Veterans Broadcasting Co., Inc. (Veterans). The principal questions raised are whether the Commission's accelerated procedures were valid, and whether it acted properly in dismissing a protest for lack of specificity.

In 1952 WHEC and Veterans filed mutually-exclusive applications...

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