VALLEY TELECASTING CO. v. F. C. C.

No. 18092.

336 F.2d 914 (1964)

VALLEY TELECASTING CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Tele-Broadcasters of California, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1964.


Attorney(s) appearing for the Case

Mr. Reed Miller, with whom Mr. Paul A. Porter, Washington, D. C., was on the brief, for appellant.

Mr. Daniel R. Ohlbaum, Associate General Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel at the time the brief was filed, and Howard Jay Braun, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Henry Geller, General Counsel, and Mrs. Ruth V. Reel and Mr. Joel H. Levy, Counsel, Federal Communications Commission, also entered appearances for appellee.

Messrs. Leonard H. Marks, Stanley B. Cohen and Roy F. Perkins, Jr., Washington, D. C., were on the brief, for intervenor.

Before BAZELON, Chief Judge, and WRIGHT and McGOWAN, Circuit Judges.


McGOWAN, Circuit Judge:

This appeal is from an order of the Federal Communications Commission dismissing, without an evidentiary hearing, appellant's petition for rehearing. The petition was filed after the Commission had granted intervenor a permit to construct new facilities which would allegedly be competitive with appellant. The issues raised concern the extent to which an existing licensee is entitled to an evidentiary hearing, when it alleges such competition...

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