CAPITOL BROADCASTING CO. v. FEDERAL COMMUN. COM'N

Nos. 14034, 14162, 14043, 14160.

257 F.2d 630 (1958)

CAPITOL BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Supreme Broadcasting Company, Inc., Intervenor. OKLAHOMA TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Supreme Broadcasting Company, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1958.

Petitions for Rehearing Denied September 12, 1958.


Attorney(s) appearing for the Case

Mr. Aloysius B. McCabe, Washington, D. C., with whom Messrs. Reed T. Rollo and Kelley E. Griffith, Washington, D. C., were on the brief, for appellant in Nos. 14034 and 14162.

Mr. Robert L. Heald, Washington, D. C., with whom Messrs. Frank Roberson, Frank U. Fletcher and Russell Rowell, Washington, D. C., were on the brief, for appellant in Nos. 14043 and 14160.

Mr. Charles C. McCarter, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. John J. O'Malley, Jr., Counsel, Federal Communications Commission, also entered an appearance for appellee in No. 14043.

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

Before EDGERTON, Chief Judge, and BAZELON and DANAHER, Circuit Judges.


EDGERTON, Chief Judge.

Capitol Broadcasting Company (Capitol) and Oklahoma Television Corporation (Oklahoma) appeal from grants by the Federal Communications Commission to Supreme Broadcasting Company, Inc. (Supreme), without hearing, of applications for (1) an experimental television authorization and (2) modification of a construction permit.

In March 1957 the Commission assigned VHF Channel 12 for commercial television to New Orleans, where Supreme operates...

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