BETHESDA-CHEVY CHASE BROADCASTERS, INC. v. F.C.C.

No. 20720.

385 F.2d 967 (1967)

BETHESDA-CHEVY CHASE BROADCASTERS, INCORPORATED, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Atlantic Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 28, 1967.


Attorney(s) appearing for the Case

Mr. Donald E. Ward, Washington, D. C., for petitioner.

Mr. Joseph A. Marino, Counsel, F. C. C., with whom Asst. Atty. Gen. Donald F. Turner and Messrs. Henry Geller, Gen. Counsel, and John H. Conlin, Associate Gen. Counsel, F. C. C., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondents. Mrs. Lenore G. Ehrig, Counsel, F. C. C., also entered an appearance for respondents.

Mr. Seymour M. Chase, Washington, D. C., for intervenor.

Before WRIGHT, TAMM and LEVENTHAL, Circuit Judges.


PER CURIAM:

Atlantic Broadcasting Company owns and operates AM Radio Station WUST, licensed to Bethesda, Maryland, on 1120 kilocycles. In June 1963 Atlantic filed a routine renewal application with the Federal Communications Commission and, in August 1964, petitioner Bethesda-Chevy Chase Broadcasters, Inc. applied for a construction permit to operate on the same frequency. Since the two applications were mutually exclusive, public notice was given of the cut-off date...

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