COMMUNITY BROADCASTING CO., Inc., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Modern Broadcasting Company of Baton Rouge, Inc., Intervenor.
COMMUNITY BROADCASTING CO., Inc., Petitioner,
v.
UNITED STATES of America, Federal Communications Commission, Respondents,
Modern Broadcasting Company of Baton Rouge, Inc., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 21, 1959.
Decided February 8, 1960.
Attorney(s) appearing for the Case
Mr. Frank U. Fletcher, Washington, D. C., with whom Messrs. Robert L. Heald and Russell Rowell, Washington, D. C., were on the brief, for appellant in No. 15313 and petitioner in No. 15314.
Mr. Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel, and John H. Conlin, Counsel, Federal Communications Commission, were on the brief, for appellee in No. 15313 and respondent, Federal Communications Commission in No. 15314.
Mr. Richard A. Solomon, Atty., Department of Justice, was on the brief for respondent United States of America in No. 15314.
Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, also entered an appearance for appellee in No. 15313 and respondent Federal Communications Commission in No. 15314.
Mr. Harold D. Cohen, Washington, D. C., with whom Messrs. Vernon C. Kohlhass and William S. Green, Washington, D. C., were on the brief, for intervenor. Mr. Thomas N. Dowd, Washington, D. C., also entered an appearance for intervenor.
Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., filed a brief on behalf of American Broadcasting-Paramount Theatres, Inc., as amicus curiae, in both cases urging dismissal.
Before WILBUR K. MILLER, DANAHER and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BURGER, Circuit Judge.
Appellant challenges the action of the Federal Communications Commission which granted to Modern Broadcasting Company (intervenor) a Special Temporary Authority (hereafter S.T.A.) to construct and operate a TV station on Channel 9, V.H.F., at Baton Rouge, Louisiana. Modern has been operating station WAFB-TV in Baton Rouge, Louisiana, on U.H.F., Channel 28, since 1953, and has been sustaining operating losses since 1956. Channel 9, V.H.F., had...
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