The GOODWILL STATIONS, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Transcontinent Television Corporation, Midwest Radio-Television, Inc., American Broadcasting-Paramount Theatres, Inc., and WXYZ, Inc., Intervenors.
WGN, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Transcontinent Television Corporation, Midwest Radio-Television, Inc., American Broadcasting-Paramount Theatres, Inc., and WLS, Inc., Intervenors.
The GOODWILL STATIONS, INC., and WGN, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
City of New York Municipal Broadcasting System, American Broadcasting-Paramount Theatres, Inc., WXYZ, Inc., and WLS, Inc., Westinghouse Broadcasting Company, Inc., Transcontinent Television Corporation, and Midwest Radio-Television, Inc., Intervenors.
United States Court of Appeals District of Columbia District.https://leagle.com/images/logo.png
Argued September 10, 1963.
Decided October 31, 1963.
Attorney(s) appearing for the Case
Mr. R. Russell Eagan, Washington, D.C., with whom Reed T. Rollo and Kelley E. Griffith, Washington, D. C., were on the brief, for appellants in Nos. 17498 and 17499 and petitioners in No. 17500.
Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, Daniel R. Ohlbaum, Associate General Counsel, Herman I. Branse, Counsel, Federal Communications Commission, and Lionel Kestenbaum, Attorney, Department of Justice, were on the brief, for respondents.
Mr. Ernest W. Jennes, Washington, D. C., with whom Thaddeus Holt, Jr., Washington, D. C., was on the brief, for intervenor, Transcontinent Television Corporation.
Messrs. Peter Shuebruk and Herbert M. Schulkind, Washington, D. C., were on the brief, for intervenor, Midwest Radio-Television, Inc.
Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief, for intervenors, American Broadcasting-Paramount Theatres, Inc., WXYZ, Inc. and WLS, Inc.
Messrs. Charles S. Rhyne, Thomas P. Brown, III, and Alfred J. Tighe, Jr., Washington, D. C., were on the brief, for intervenor, City of New York Municipal Broadcasting System, in No. 17500.
Mr. John W. Steen, New York City, was on the brief, for intervenor, Westinghouse Broadcasting Company, Inc., in No. 17500.
Before FAHY, BURGER and WRIGHT, Circuit Judges.
United States Court of Appeals District of Columbia District.
FAHY, Circuit Judge.
In 1945 the Commission instituted a rule making hearing, designated as Docket No. 6741, to explore the possibility of improving and extending radio service in areas of the country that did not receive primary groundwave standard broadcast service.1 These areas, referred to as "white areas", are dependent for nighttime standard broadcast service upon a secondary service afforded...
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