THE PRICE BROADCASTERS, INC. v. F. C. C.

Nos. 16039, 16043.

295 F.2d 166 (1961)

THE PRICE BROADCASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Times and News Publishing Company, The Monocacy Broadcasting Company, Intervenors. THE MONOCACY BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Times and News Publishing Company, The Price Broadcasters, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided August 22, 1961.

Petition for Rehearing Denied September 21, 1961.


Attorney(s) appearing for the Case

Mr. John B. Kenkel, Washington, D. C., with whom Mr. Arthur H. Schroeder, Washington, D. C., was on the brief, for The Price Broadcasters, Inc., appellant in No. 16039 and intervenor in No. 16043.

Mr. John P. Southmayd, Washington, D. C., for The Monocacy Broadcasting Co., appellant in No. 16043 and intervenor in No. 16039.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, Federal Communications Commission, Daniel R. Ohlbaum, Asst. Gen. Counsel, Federal Communications Commission, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. James T. Brennan, Jr., Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Robert M. Booth, Jr., Washington, D. C., with whom Mr. John L. Tierney, Washington, D. C., was on the brief, for intervenor Times and News Publishing Co.

Before DANAHER, BASTIAN and BURGER, Circuit Judges.


Petition for Rehearing En Banc Denied September 21, 1961.

DANAHER, Circuit Judge.

The Commission consolidated for hearing three applications for construction permits for standard broadcast stations on the same frequency, 1320 kc. Price sought a construction permit for a station at Frederick, Maryland. Monocacy, already operating WFMD at Frederick, sought a permit to establish a new station to operate unlimited time at Gettysburg, 32 miles away. WGET sought...

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