COMMUNITY TELECASTING COMPANY (WXTV), Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
American Broadcasting-Paramount Theatres, Inc., WKST, Inc., Intervenors.
JET BROADCASTING COMPANY, Inc., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
American Broadcasting-Paramount Theatres, Inc., WKST, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 3, 1958.
Decided May 9, 1958.
Attorney(s) appearing for the Case
Mr. Carl L. Shipley, Washington, D. C., for appellant in Nos. 13872 and 14241.
Mr. Harry J. Daly, Washington, D. C., with whom Mrs. Lenore G. Ehrig, Washington, D. C., was on the brief, for appellant in No. 13873.
Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, with whom Messrs. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, and Mark Fields, Counsel, Federal Communications Commission, were on the brief, for appellee in Nos. 13872, 13873 and 14241.
Mr. Robert F. Jones, Washington, D. C., for intervenor WKST, Inc. in Nos. 13872, 13873 and 14241.
Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief for intervenor American Broadcasting-Paramount Theatres, Inc. in Nos. 13872 and 13873.
Mr. Harry J. Daly and Mrs. Lenore G. Ehrig, Washington, D. C., entered appearances for appellant in Nos. 14155 and 14236.
Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, entered appearances for appellee in Nos. 14155 and 14236.
Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., entered appearances for intervenor American Broadcasting-Paramount Theatres, Inc. in Nos. 14155 and 14236.
Mr. Robert F. Jones, Washington, D. C., entered an appearance for intervenor WKST, Inc. in Nos. 14155 and 14236.
Before EDGERTON, Chief Judge, and FAHY and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BURGER, Circuit Judge.
This case involves the question whether appellants were entitled to a comparative hearing on their applications for TV channel 45 (Youngstown Ohio-New Castle, Pennsylvania). Prior to October 1956, Youngstown was assigned channels 21, 27 and 73, and New Castle, 17 miles eastward, was assigned channel 45. Youngstown (population 168,000) and New Castle (population 49,000) are considered by the Commission to be in the same trading area. Channels...
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