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LEE v. F. C. C.

No. 20187.

374 F.2d 259 (1967)

Jackson F. LEE and Cumberland Broadcasting Corp., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Atlantic Telecasting Corp., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 19, 1967.

Attorney(s) appearing for the Case

Mr. Edwin R. Schneider, Jr., Washington, D. C., for appellants. Messrs. Robert A. Marmet and Peter L. Koff, Washington, D. C., also entered appearances for appellants.

Mr. Robert D. Hadl, Counsel, F. C. C., with whom Messrs. Henry Geller, Gen. Counsel, and John H. Conlin, Associate Gen. Counsel, F. C. C., were on the brief, for appellee. Mrs. Lenore G. Ehrig, Counsel, F. C. C., also entered an appearance for appellee.

Mr. Edward P. Taptich, Washington, D. C., with whom Mr. Arthur Scheiner, Washington, D. C., was on the brief, for intervenor.

Before FAHY and DANAHER, Circuit Judges, and BASTIAN, Senior Circuit Judge.

FAHY, Circuit Judge.

On December 11, 1964, Atlantic Telecasting Corporation, intervenor now and licensee of VHF television station WECT at Wilmington, North Carolina, applied to the Commission for a construction permit to move its transmitter site and tower twenty-two miles farther inland toward Fayetteville, North Carolina, to increase its antenna height, and to change its antenna system. Almost thirteen months later, January 4, 1966, appellant Jackson F. Lee, licensee...

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