SPRINGFIELD TELEVISION BROADCASTING CORP. v. F. C. C.

No. 17957.

328 F.2d 186 (1964)

SPRINGFIELD TELEVISION BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Millers River Translators, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 9, 1964.


Attorney(s) appearing for the Case

Mr. Robert W. Coll, Washington, D. C., with whom Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, Washington, D. C., were on the brief, for appellant.

Mr. Michael Finkelstein, Counsel, Federal Communications Commission, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Max D. Paglin, General Counsel, and Daniel R. Ohlbaum, Associate General 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 Scheiner and Philip Bergson, Washington, D. C., entered appearances for intervenor.

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


WRIGHT, Circuit Judge.

The Commission granted the unopposed application of intervenor, Millers River Translators, Inc., for a construction permit to build a UHF television broadcast translator station1 at Athol, Massachusetts. Appellant's petition to the Commission for reconsideration of that grant was dismissed2 on the grounds that (1) appellant had not filed a pre-grant opposition to the Millers River application...

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