FUNCTIONAL MUSIC, INC. v. F. C. C.

Nos. 14374, 14375.

274 F.2d 543 (1958)

FUNCTIONAL MUSIC, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. FUNCTIONAL MUSIC, INC., Petitioner, v. UNITED STATES of America, Federal Communications Commission, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided November 7, 1958.

Certiorari Denied October 12, 1959.

Petition for Rehearing Denied January 15, 1959.


Attorney(s) appearing for the Case

Mr. Paul A. Porter, Washington, D. C., with whom Messrs. George Bunn and William P. Sims, Jr., Washington, D. C., were on the brief, for appellant in No. 14374 and petitioner in No. 14375.

Mr. Henry Geller, Atty., Dept. of Justice, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, and Joel Rosenbloom, Counsel, Federal Communications Commission, were on the brief, for appellee in No. 14374 and respondents in No. 14375.

Mr. Daniel M. Friedman, Atty., Dept. of Justice, also entered an appearance for respondent United States of America in No. 14375.

Before EDGERTON, BAZELON and DANAHER, Circuit Judges.


Certiorari Denied October 12, 1959. See 80 S.Ct. 50.

Petition for Rehearing Denied January 15, 1959.

BAZELON, Circuit Judge.

Functional Music, Inc., seeks judicial review of rules promulgated by the Federal Communications Commission in 1955, which rules restrict the practices of FM licensees furnishing a radio music service on a subscription basis. In doubt as to whether review was authorized by § 402(a) or by § 402(b) of the Federal Communications...

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