CEDAR RAPIDS TELEVISION COMPANY v. F. C. C.

No. 20783.

387 F.2d 228 (1967)

CEDAR RAPIDS TELEVISION COMPANY (KCRG-TV) and WMT-TV, Inc., (WMT-TV), Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, H & B Communications Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 27, 1967.


Attorney(s) appearing for the Case

Mr. Ernest W. Jennes, Washington, D. C., with whom Mr. William Malone, Denison, Tex., was on the brief, for petitioner, WMT-TV, Inc., argued on behalf of all petitioners.

Mr. Robert D. Hadl, Counsel, F.C.C., with whom Asst. Atty. Gen., Donald F. Turner, Messrs. Henry Geller, Gen. Counsel, F.C.C., 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 respondent Federal Communications Commission.

Mr. George H. Shapiro, Washington, D. C., with whom Mr. Harry M. Plotkin, Washington, D. C., was on the brief. for intervenor.

Messrs. R. Russell Eagan and Robert A. Beizer, Washington, D. C., were on the brief for petitioner Cedar Rapids Television Co. (KCRG-TV).

Before BAZELON, Chief Judge, BASTIAN, Senior Circuit Judge, and ROBIN SON, Circuit Judge.


BAZELON, Chief Judge:

This is a petition for review of an order of the Federal Communications Commission denying petition for an evidentiary hearing on the proposal of intervenor H & B Broadcasting Company, operator of a community antenna television system (CATV), to import distant television signals into Dubuque, Iowa.

F.C.C. regulations provide that no CATV system operating within the "Grade A" contour1 of a television station...

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