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

No. 12494.

231 F.2d 246 (1956)

FEDERAL BROADCASTING SYSTEM, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WBBF, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1956.

As Modified on Denial of Rehearing April 13, 1956.

Attorney(s) appearing for the Case

Mr. Charles F. O'Neall, Washington, D. C., with whom Messrs. John W. Cross, Cary McN. Euwer and Francis C. Brooke, Washington, D. C., were on the brief, for appellant.

Mr. Daniel R. Ohlbaum, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Vernon L. Wilkinson, Washington, D. C., for intervenor. Mr. James A. McKenna, Jr., Washington, D. C., also entered an appearance for intervenor.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from an order of the Federal Communications Commission, dated July 16, 1954, dismissing a protest filed by Federal Broadcasting Company (as proprietor of radio station WSAY) against a Commission order granting radio station WBBF a renewal of its broadcasting license. The protest, made under the provisions of Section 309(c) of the Federal Communications Act, 47 U.S.C.A. § 309(c), was based on two main grounds, which...

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