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TELEVISION CORP. OF MICH., INC. v. F. C. C.

No. 16253.

294 F.2d 730 (1961)

TELEVISION CORPORATION OF MICHIGAN, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Wood Broadcasting, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 13, 1961.

Attorney(s) appearing for the Case

Mr. Leo Resnick, Washington, D. C., for appellant.

Mr. Daniel R. Ohlbaum, Asst. General Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, Federal Communications Commission, and Edward W. Hautanen, Counsel, Federal Communications Commission at the time the brief was filed, were on the brief, for appellee.

Mr. Harold David Cohen, Washington, D. C., with whom Mr. Thomas N. Dowd, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a television case, involving the shift of a transmitter to a new site, thus changing the area served.

Station WOOD-TV began operating in 1953 with a transmitter located some 10 miles northeast of Grand Rapids, Michigan, the city to which it was assigned. It there served Muskegon as well as Grand Rapids, plus a large rural area between the two cities and to the sides. In 1959, Station WOOD-TV applied for a construction permit...

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