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CENTURY BROADCASTING CORPORATION v. F. C. C.

No. 16853.

310 F.2d 864 (1962)

CENTURY BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1962.

Attorney(s) appearing for the Case

Mr. Howard J. Schellenberg, Jr., Washington, D. C., for appellant.

Mr. Alan D. Reffkin, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, Daniel R. Ohlbaum, Asst. Gen. Counsel, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Joseph F. Hennessey, Washington, D. C., with whom Mr. Robert M. Booth, Jr., Washington, D. C., was on the brief, for Monroeville Broadcasting Co. as amicus curiae.

Before BAZELON, Chief Judge, and BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge.

The Federal Communications Commission adopted a Memorandum Opinion and Order January 8, 1962, returning without filing appellant's application for a new standard broadcast station on 1510 kilocycles (kc) at Jeannette, Pennsylvania. The reason given for this action was untimely tender of the application. At the same time the Commission dismissed appellant's petition for reconsideration of its action. This appeal is from the January 8 Opinion...

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