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ROUNSAVILLE OF LOUISVILLE, INC. (WLOU) v. F. C. C.

No. 17152.

314 F.2d 280 (1963)

ROUNSAVILLE OF LOUISVILLE, INC., (WLOU), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WEZY, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Mr. Vincent A. Pepper, Washington, D. C., with whom Mr. Robert F. Corazzini was on the brief, for appellant.

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

Messrs. Arthur H. Schroeder, John B. Kenkel and John P. Bankson, Jr., Washington, D. C., were on the brief, for intervenor.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Rounsaville of Louisville, Inc., is licensee of WLOU, a Class III-A standard broadcast station at Louisville, Kentucky, operating daytime only on 1350 kilocycles. On September 23, 1959, it applied to the Federal Communications Commission for authority to operate on the same frequency at night with a directional antenna. The Commission, on August 3, 1961, found the applicant fully qualified to operate as it proposed, but directed a...

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