McKEAN v. F. C. C.

No. 15969.

295 F.2d 135 (1961)

Farrell McKEAN, D/B as Business and Professional Telephone Exchanges, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mobilfone, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1961.


Attorney(s) appearing for the Case

Mr. Michael H. Bader, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for appellant. Mr. J. Roger Wollenberg, Washington, D. C., also entered an appearance for appellant.

Mr. Edward W. Hautanen, Counsel, Federal Communications Commission, with whom Mr. Max D. Paglin, General Counsel, Federal Communications Commission, was on the brief, for appellee. Mr. Daniel R. Ohlbaum, Asst. General Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Jeremiah Courtney, Washington, D. C., with whom Mr. Arthur Blooston, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, Chief Judge, and PRETTYMAN and BURGER, Circuit Judges.


PER CURIAM.

Petitioner applied for a radio frequency for a one-way coded message paging service. After a comparative hearing, the trial examiner recommended an award of the frequency to the petitioner. In so doing he relied upon petitioner's lower rates and the increased competition which would result from his selection. The Commission rejected the examiner's recommendation and awarded the frequency to the intervenor, who...

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