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HUDSON VALLEY BROADCASTING CORPORATION v. F. C. C.

No. 17310.

320 F.2d 723 (1963)

HUDSON VALLEY BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Dutchess County Broadcasting Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 6, 1963.

Attorney(s) appearing for the Case

Mr. Jerome S. Boros, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for appellant. Mr. Peter Shuebruk, New York City, was on the brief for appellant. Messrs. Herbert M. Schulkind and Joseph J. Kessler, Washington, D. C., also entered appearances for appellant.

Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, for appellee. Messrs. Max D. Paglin, Gen. Counsel, Daniel R. Ohlbaum, Assoc. Gen. Counsel, and Alan D. Reffkin, Counsel, Federal Communications Commission, were on the brief for appellee. Mr. Herman I. Branse, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Aloysius B. McCabe, Washington, D. C., with whom Mr. Reed T. Rollo, Washington, D. C., was on the brief, for intervenor.

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

J. SKELLY WRIGHT, Circuit Judge.

For many years the Federal Communications Commission has maintained a rule that commonly owned radio stations will not be licensed to serve the same area.1 The Commission has described this rule as one of its "basic policies."2 In 1958 the Commission adopted the policy of encouraging all Class IV stations to increase transmitter power to a maximum of 1,000 watts.

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