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INTERSTATE BROADCASTING COMPANY v. F. C. C.

Nos. 17070, 17071.

323 F.2d 797 (1963)

INTERSTATE BROADCASTING COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Patchogue Broadcasting Company, Inc., Intervenor. INTERSTATE BROADCASTING COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Grossco, Inc., a Connecticut corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1963.

Motions for Modification Denied June 10, 1963.

Attorney(s) appearing for the Case

Mr. Maurice M. Jansky, Washington, D. C., with whom Messrs. Philip G. Loucks and Carl H. Imlay, Washington, D. C., were on the brief, for appellant.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, and Daniel R. Ohlbaum, Associate General 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 was on the brief, for intervenor Patchogue Broadcasting Company, Inc., in No. 17070.

Mr. Howard F. Roycroft, Washington, D. C., with whom Mr. Stanley S. Harris, Washington, D. C., was on the brief, for intervenor Grossco, Inc., in No. 17071.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and WASHINGTON, Circuit Judge.

EDGERTON, Senior Circuit Judge.

I — THE PATCHOGUE CASE

Appellant Interstate Broadcasting Company (herein WQXR) is licensee of radio station WQXR(AM), a Class I-B station operating on 1560 kc in New York City. On July 15, 1959 the Commission, without a hearing, granted to intervenor Patchogue a construction permit for 1570 kc in Riverhead, Long Island. Appellant filed a protest under § 309(c) of the Communications Act of 1934 as amended, 70 Stat...

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