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WILLIAMS v. F. C. C.

No. 18943.

347 F.2d 479 (1965)

James R. WILLIAMS, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 6, 1965.

Attorney(s) appearing for the Case

Mr. Robert M. Booth, Jr., Washington, D. C., with whom Mr. Joseph F. Hennessey, Washington, D. C., was on the brief, for appellant.

Mr. Howard Jay Braun, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John Conlin, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Daniel R. Ohlbaum, Deputy General Counsel, Federal Communications Commission, also entered an appearance for appellee.

Before WASHINGTON, Circuit Judge, BASTIAN, Senior Circuit Judge, and WRIGHT, Circuit Judge.

BASTIAN, Senior Circuit Judge:

This appeal is from a decision and orders of the Review Board of the Federal Communications Commission and the Commission itself which had the net effect of denying appellant's application for a construction permit for a new Class II standard broadcast station in Anadarko, Oklahoma. The denial followed the Commission's refusal to waive the requirements of Section 73.28(d) of its rules, the so-called 10 per cent rule.

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