RUST BROADCASTING CO. v. F. C. C.

No. 20533.

379 F.2d 480 (1967)

RUST BROADCASTING CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Lester L. Sterling and William H. Patterson d/b as Flathead Valley Broadcasters, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1967.


Attorney(s) appearing for the Case

Mr. Stanley S. Neustadt, Washington, D.C., with whom Messrs. Marcus Cohn and Martin J. Gaynes, Washington, D.C., were on the brief, for appellant. Mr. Ronald A. Siegel, Washington, D.C., also entered an appearance for appellant.

Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and Joseph A. Marino, Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. William P. Bernton, Washington, D.C., for intervenor.

Before BURGER, WRIGHT and TAMM, Circuit Judges.


BURGER, Circuit Judge:

Appellant is the licensee of radio station WHAM, broadcasting from Rochester, New York, on 1180 kc. It challenges orders of the Commission granting the application of Intervenor to operate on 1180 kc in Montana.

WHAM is a clear channel station. It was the only United States station authorized to operate at night on 1180 kc until 1961, when the Commission adopted its Clear Channel Report,1 which was the end...

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