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ENTERPRISE COMPANY v. FEDERAL COMMUNICATIONS COM'N

No. 12577.

231 F.2d 708 (1955)

The ENTERPRISE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Beaumont Broadcasting Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 29, 1955.

Attorney(s) appearing for the Case

Mr. Leonard H. Marks, Washington, D. C., with whom Mr. Paul Dobin, Washington, D. C., was on the brief, for appellant.

Mr. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, Washington, D. C., with whom Messrs. Warren E. Baker, Gen. Counsel, and Warren D. Quenstedt, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. George S. Smith, Washington, D. C., with whom Mr. Edwin S. Nail, Washington, D. C., was on the brief, for intervenor.

Before BAZELON, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

The Enterprise Company, appellant, the Beaumont Broadcasting Corporation, intervenor, and KTRM, Inc., each filed with the Federal Communications Commission an application for a construction permit for a new commercial television station at Beaumont, Texas, to operate on Channel 6. As the applications were mutually exclusive, they were designated for hearing in a consolidated proceeding. After the hearing the Commission, disagreeing with the decision...

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