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CLEAR CHANNEL BROADCASTING SERVICE v. UNITED STATES

No. 15552.

284 F.2d 222 (1960)

CLEAR CHANNEL BROADCASTING SERVICE and WSM, Inc., Petitioners v. UNITED STATES of America and the Federal Communications Commission, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided October 27, 1960.

Attorney(s) appearing for the Case

Mr. Joseph DuCoeur, Washington, D. C., with whom Messrs. Reed T. Rollo and R. Russell Eagan, Washington, D. C., were on the brief, for petitioners.

Mr. Max D. Paglin, Asst. General Counsel, Federal Communications Commission, and Mr. Richard A. Solomon, Attorney, Department of Justice, with whom Asst. Atty. Gen. Robert A. Bicks, and Messrs. John L. FitzGerald, General Counsel, Federal Communications Commission, and Richard M. Zwolinski, Counsel, Federal Communications Commission, were on the brief, for respondents.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a petition to review and set aside an order of the Federal Communications Commission promulgated September 18, 1959, and supplemented on October 21, 1959. The petitioners represent the interests of the so-called clear channel Class I standard radio broadcasting stations. They complain that the order under review, dealing with the problem of interference caused by daytime "skywave" radiation,1 adversely...

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