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RHODE ISLAND TELEVISION CORPORATION v. F. C. C.

Nos. 17255, 17256.

320 F.2d 762 (1963)

RHODE ISLAND TELEVISION CORPORATION and Robert A. Riesman, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WTEV Television, Inc., Intervenor. RHODE ISLAND TELEVISION CORPORATION and Robert A. Riesman, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, and United States of America, Respondents, WTEV Television, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1963.

Attorney(s) appearing for the Case

Mr. Harvey M. Spear, Washington, D. C., with whom Mr. James E. Greeley, Washington, D. C., was on the brief, for appellants in No. 17255 and petitioners in No. 17256.

Mr. John G. Smith, Washington, D. C., also entered an appearance for appellants in No. 17255 and petitioners in No. 17256.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, Daniel R. Ohlbaum, Associate Gen. Counsel, Federal Communications Commission, and Lionel Kestenbaum, Atty., Dept. of Justice, were on the brief, for appellee in No. 17255 and respondents in No. 17256.

Mr. Herman I. Branse and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered appearances for appellee in No. 17255 and respondents in No. 17256.

Mr. D. M. Patrick, Washington, D. C., with whom Mr. Howard F. Roycroft, Washington, D. C., was on the brief, for intervenor.

Mr. Corwin R. Lockwood, Washington, D. C., also entered an appearance for intervenor.

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

BURGER, Circuit Judge.

This appeal involves a controversy arising out of action of the Federal Communications Commission approving the moving of a transmitter site after grant of a construction permit but before actual construction of the transmitter.

In two consolidated cases appellants seek review of two orders dated July 30 and July 31, 1962, respectively. In No. 17255, Section 402(b) of the Communications Act, 47 U.S.C. § 402(b), is invoked as affording...

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