DEEP SOUTH BROADCASTING COMPANY v. F. C. C.

No. 18507.

347 F.2d 459 (1965)

DEEP SOUTH BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Triple C. Broadcasting Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 1, 1965.


Attorney(s) appearing for the Case

Mr. Eugene F. Mullin, Jr., Washington, D. C., for appellant.

Messrs. J. Parker Connor and S. White Rhyne, Jr., Washington, D. C., also entered appearances for appellant.

Mr. Michael Finkelstein, Counsel, F. C. C., with whom Messrs. Henry Geller, Gen. Counsel, and Daniel R. Ohlbaum, Associate Gen. Counsel, F. C. C., were on the brief, for appellee.

Mr. Carl H. Imlay, Washington, D. C., with whom Messrs. Philip G. Loucks and Maurice M. Jansky, Washington, D. C., were on the brief, for intervenor.

Before DANAHER, BURGER and McGOWAN, Circuit Judges.


McGOWAN, Circuit Judge:

This statutory review proceeding relates to the grant by the Federal Communications Commission of an application by Radio Station WKTG, of Thomasville, Georgia, to increase its authorized power. The objector to this action, and the petitioner here, is Deep South Broadcasting Company, which operates Radio Station WBAM in Montgomery, Alabama. Asserting undue interference with its own operations by reason of the increased power, Deep South pressed...

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