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SUNSHINE STATE BROADCASTING CO., INC. (WBRD) v. F. C. C.

No. 17085.

314 F.2d 276 (1963)

SUNSHINE STATE BROADCASTING COMPANY, INC. (WBRD), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 31, 1963.

Attorney(s) appearing for the Case

Mr. Harry J. Daly, Washington, D. C., with whom Mrs. Lenore G. Ehrig and Mr. Leonard S. Joyce, Washington, D. C., were on the brief, for appellant.

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

Before WILBUR K. MILLER, FAHY and WRIGHT, Circuit Judges.

PER CURIAM.

The appellant is licensee of Class III, AM Station WBRD, Bradenton, Florida, operating only in the daytime, with a directional antenna. It applied to the Federal Communications Commission for authority to extend its facilities so as to include nighttime non-directional operation with greater power. It asked that the Commission waive its "10 per cent" rule.1

After a hearing, the examiner found appellant's proposed additional...

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