NATIONAL BROADCASTING CO. v. F. C. C.

Nos. 19523, 19524.

362 F.2d 946 (1966)

NATIONAL BROADCASTING CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Boise Valley Broadcasters, Inc., Intervenor. GEM STATE BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Boise Valley Broadcasters, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 26, 1966.


Attorney(s) appearing for the Case

Mr. Denis G. McInerney, New York City, with whom Messrs. Arthur J. Murphy, Jr., New York City, and Howard Monderer, Washington, D. C., were on the brief, for appellant in No. 19,523.

Mr. William J. Potts, Jr., Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for appellant in No. 19,524.

Mr. Ronald A. Siegel, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief for appellee. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Leon T. Knauer, Washington, D. C., with whom Mr. Glen A. Wilkinson, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, Senior Circuit Judge, FAHY and TAMM, Circuit Judges.


TAMM, Circuit Judge:

The problems presented by these appeals have risen as a result of a broadcaster's attempt to give practical implementation to the Federal Communications Commission's 1961 "clear channel" decision, Clear Channel Broadcasting In The Standard Broadcast Band, 21 Pike & Fischer, R.R. 1802 (1961), reconsideration denied, 24 Pike & Fischer, R.R. 1595 (1962), wherein it determined that the public...

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