CHANNEL 9 SYRACUSE, INC. v. F. C. C.

Nos. 20843, 20915.

385 F.2d 969 (1967)

CHANNEL 9 SYRACUSE, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Eastern Microwave, Incorporated, Auburn Cablevision Corporation, New York-Penn Microwave Corporation, General Electric Cablevision Corporation and Unicable, Incorporated, Intervenors. CHANNEL 9 SYRACUSE, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, and United States of America, Respondents, Eastern Microwave, Incorporated, Auburn Cablevision Corporation and New York-Penn Microwave Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided September 26, 1967.

Petition for Rehearing Denied October 30, 1967.


Attorney(s) appearing for the Case

Mr. John P. Bankson, Jr., Washington, D. C., with whom Messrs. Arthur H. Schroeder and William M. Barnard, Washington, D. C., were on the brief, for appellant in No. 20,843 and petitioner in No. 20,915.

Mr. Stuart F. Feldstein, 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 appellee in No. 20,843 and respondents in No. 20,915. Mrs. Lenore G. Ehrig, Counsel, F. C. C., also entered an appearance for appellee in No. 20,843 and respondent Federal Communications Commission in No. 20,915.

Mr. Lewis I. Cohen, Washington, D. C., attorney for intervenors Auburn Cablevision Corp. and New York-Penn Microwave Corp., argued on behalf of all intervenors.

Messrs. William P. Sims, Jr. and John D. Matthews, Washington, D. C., were on the brief for intervenor Eastern Microwave, Inc. Mr. Daniel M. Redmond, Washington, D. C., also entered an appearance for intervenor Eastern Microwave, Inc.

Messrs. James A. McKenna, Jr., Vernon L. Wilkinson and Robert W. Coll, Washington, D. C., were on the brief for intervenor General Electric Cablevision Corp.

Mr. William J. Kenney, Washington, D. C., entered an appearance for intervenor Unicable, Inc.

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.


PER CURIAM:

On February 24, 1967, the Federal Communications Commission issued a memorandum opinion and order which (1) granted the applications of New York-Penn Microwave Corporation and Eastern Microwave, Incorporated for new microwave facilities to provide non-network New York City and Canadian television signals to community antenna television (CATV) systems in Auburn and Oswego, New York, and (2) granted the petitions of Unicable, Incorporated, Auburn Cablevision...

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