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TOMAH-MAUSTON BROADCASTING CO. v. F. C. C.

No. 16678.

306 F.2d 811 (1962)

TOMAH-MAUSTON BROADCASTING CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, John D. Rice, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1962.

Attorney(s) appearing for the Case

Mr. William P. Bernton, Washington, D. C., for appellant.

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

Mr. Mark E. Fields, Washington, D. C., with whom Mr. Samuel Miller, Washington, D. C., was on the brief, for intervenor.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

The Federal Communications Commission on November 22, 1960, granted a construction permit to John D. Rice to build a new AM radio broadcast station at Mauston, Wisconsin. Some seven months later, appellant Tomah-Mauston Broadcasting Co., Inc., which operates a radio station in Tomah, Wisconsin, filed a petition to stay and revoke Rice's construction permit. On September 13, 1961, the Commission denied the petition. Appellant thereupon filed...

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