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TENNESSEE TELEVISION, INC. v. F. C. C.

Nos. 13168, 13507, 13905.

262 F.2d 28 (1958)

TENNESSEE TELEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WBIR, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided November 28, 1958.

Attorney(s) appearing for the Case

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for appellant.

Mr. John H. Conlin, Counsel, Federal Communications Commission, for appellee. Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, at the time the brief was filed, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, Charles C. McCarter and Mark E. Fields, Counsel, Federal Communications Commission, were on the brief for appellee. Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. William P. Sims, Jr., Washington, D. C., with whom Messrs. Thomas H. Wall and Jerome H. Heckman, Washington, D. C., were on the brief for intervenor.

Before BAZELON, FAHY and BURGER, Circuit Judges.

FAHY, Circuit Judge.

Three mutually exclusive applications were filed with the Commission for a construction permit for a new television broadcast station on channel 10 in Knoxville, Tennessee. The applicants were intervenor radio station WBIR, Inc., Scripps-Howard Radio, Inc., and appellant Tennessee Television, Inc. After a comparative hearing in a consolidated proceeding the Commission granted the application of intervenor and denied the others. The merits of this...

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