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KGMO RADIO-TELEVISION, INC. v. F. C. C.

No. 18064.

336 F.2d 920 (1964)

KGMO RADIO-TELEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Jerome B. Zimmer and Lionel D. Speidel, d/b as Missouri-Illinois Broadcasting Co. (KZIM), Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1964.

Attorney(s) appearing for the Case

Mr. Thomas P. Brown, III, Washington, D. C., with whom Messrs. Charles S. Rhyne and Alfred J. Tighe, Jr., Washington, D. C., were on the brief, for appellant.

Mr. Ernest O. Eisenberg, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel at the time the brief was filed, and Daniel R. Ohlbaum, Associate General 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.

Mr. Benedict P. Cottone, Washington, D. C., for intervenor.

Before EDGERTON, Senior Circuit Judge, and FAHY and DANAHER, Circuit Judges.

EDGERTON, Senior Circuit Judge:

Appellant KGMO Radio-Television, Inc., licensee of a standard broadcast station in Cape Girardeau, Missouri, appeals from the Federal Communications Commission's denial without a hearing of its petition for reconsideration of the Commission's action in granting, also without a hearing, to intervenor Zimmer et al., a construction permit for a competing station.1 The Commission is authorized

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