HUBBARD BROADCASTING, INC. v. F. C. C.

No. 20924.

385 F.2d 979 (1967)

HUBBARD BROADCASTING, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Santa Fe Cablevision Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided October 27, 1967.


Attorney(s) appearing for the Case

Mr. Robert L. Heald, Washington, D. C., with whom Messrs. Frank U. Fletcher and Edward W. Hummers, Jr., Washington, D. C., were on the brief, for petitioner.

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

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Messrs. James A. McKenna, Jr. and Robert W. Coll, Washington, D. C., were on the brief, for intervenor.

Before WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.


PER CURIAM:

This is a petition for review of a memorandum opinion and order of the Federal Communications Commission released February 17, 1967. In its opinion and order, the Commission waived the evidentiary hearing provisions of Section 74.1107 of its Rules and Regulations pertaining to CATV, 47 C.F.R. § 74.1107 (Supp.1967), and permitted Santa Fe Cablevision to carry its proposed distant signals within the Grade A contours of Station KOB-TV, operated by petitioner...

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