Joseph J. KESSLER, t/a WBXM Broadcasting Company, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Thomas C. FLEET, Jr., et al., d/b/a Fleet Enterprises, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WFLI, Inc., Intervenor.
Robert A. JONES, et al., d/b/a McHenry County Broadcasting Company, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
DUPAGE COUNTY BROADCASTING, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
PORTAGE BROADCASTING CORPORATION, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Frederick ECKARDT, d/b/a Mansfield Broadcasting Company, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
CAPE CANAVERAL BROADCASTERS, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
GOOD MUSIC BROADCASTING COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Reuben B. KNIGHT, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Reuben B. KNIGHT, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
CAPE CANAVERAL BROADCASTERS, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
GOOD MUSIC BROADCASTING COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
DUPAGE COUNTY BROADCASTING, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
Thomas C. FLEET, Jr., et al., d/b/a Fleet Enterprises, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
Robert A. JONES, et al., d/b/a McHenry County Broadcasting Company, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
PORTAGE BROADCASTING CORPORATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
Frederick ECKARDT, d/b/a Mansfield Broadcasting Company, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 29, 1963.
Decided December 20, 1963.
Attorney(s) appearing for the Case
Mr. Joseph J. Kessler, appellant pro se, in No. 17,363.
Mr. Lauren A. Colby, Owego, N. Y., for appellants in Nos. 17,369, 17,379 and 17,415 and petitioners in Nos. 17,479, 17,480 and 17,481.
Mr. John H. Midlen, Washington, D. C., with whom Messrs. Byron E. Harrison and Donald K. Smith were on the brief, for appellant in No. 17,420 and petitioner in No. 17,482.
Mr. Robert F. Jones, Washington, D. C., for appellant in No. 17,421 and petitioner in No. 17,483.
Mr. John P. Bankson, Jr., Washington, D. C., with whom Messrs. Neville Miller and John B. Kenkel, Washington, D. C., were on the brief, for appellant in No. 17,423 and petitioner in No. 17,477, and with whom Messrs. Arthur H. Schroeder and John B. Kenkel, Washington, D. C., were on the brief, for appellant in No. 17,424 and petitioner in No. 17,478.
Mr. Stanley S. Neustadt, Washington, D. C., with whom Mr. Leonard H. Marks, Washington, D. C., was on the brief, for appellant in No. 17,425 and petitioner in No. 17,474. Mr. Paul Dobin, Washington, D. C., also entered an appearance for appellant in No. 17,425.
Mr. Daniel R. Ohlbaum, Associate General Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, and Ernest O. Eisenberg, Counsel, Federal Communications Commission, were on the brief for appellee-respondent Federal Communications Commission. Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered an appearance for appellee-respondent Federal Communications Commission.
Mr. Michael I. Miller, Attorney, Department of Justice, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. Lionel Kestenbaum, Attorney, Department of Justice, was on the brief, for respondent United States of America.
Mr. Eugene F. Mullin, Jr., Washington, D. C., for intervenor WFLI, Inc.
Messrs. J. Parker Connor and S. White Rhyne, Jr., Washington, D. C., also entered appearances for intervenor WFLI, Inc.
Before BAZELON, Chief Judge, and WASHINGTON and BASTIAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WASHINGTON, Circuit Judge.
These cases challenge the action of the Federal Communications Commission in imposing a "freeze" on the acceptance of applications for most classes of standard radio broadcast stations, pending the adoption of new rules on the subject.
I.
The "freeze" was announced by the Commission in a Report and Order issued on May 10, 1962, effective at the close of business on that day. The Order said, among other things, that the...
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