JOINT COUNCIL ON EDUCATIONAL BROADCASTING and Rochester Area Educational Television Association, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting-Paramount Theatres, Inc., Federal Broadcasting System, Inc., Star Television, Inc., and Rochester Broadcasting Corporation, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 15, 1962.
Decided June 14, 1962.
Attorney(s) appearing for the Case
Mr. Norman E. Jorgensen, Washington, D. C., with whom Messrs. Louis Schwartz and Robert A. Woods, Washington, D. C., were on the brief, for petitioners.
Mr. Louise H. Renne, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, Federal Communications Commission, Daniel R. Ohlbaum, Asst. Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Atty., Dept. of Justice, were on the brief, for respondents. Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered an appearance for respondent, Federal Communications Commission.
Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief for intervenor, American Broadcasting-Paramount Theatres, Inc. Messrs. Peter Shuebruk and Herbert M. Schulkind, New York City, were on the brief for intervenor, Star Television, Inc. Messrs. William A. Roberts and Everett D. Johnston, Washington, D. C., were on the brief for intervenor, Federal Broadcasting System, Inc. Mr. Lauren A. Colby, Owego, N. Y., was on the brief for intervenor, Rochester Broadcasting Corporation.
Before WILBUR K. MILLER, Chief Judge, and WASHINGTON and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WILBUR K. MILLER, Chief Judge.
In 1952 the Federal Communications Commission made 70 UHF (ultra high frequency) channels available for television broadcasting, in addition to the 12 VHF (very high frequency) which were available therefore. UHF Channels 15, 21 and 27 were assigned to Rochester, New York, in addition to VHF Channels 5 and 10, and UHF Channel 21 was reserved for non-commercial use. The two VHF channels are now...
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