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WEST MICHIGAN TELECASTERS, INC. v. F. C. C.

No. 21396.

396 F.2d 688 (1968)

WEST MICHIGAN TELECASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, BCU-TV, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1968.

Attorney(s) appearing for the Case

Mr. Reed Miller, Washington, D. C., with whom Mr. David H. Lloyd, Washington, D. C., was on brief, for appellant.

Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, and Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. James A. Gammon, Washington, D. C., with whom Miss Lorie M. Molnar, Washington, D. C., was on the brief, for intervenor.

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

J. SKELLY WRIGHT, Circuit Judge:

On this appeal we are asked to review an October 3, 1967 order of the Federal Communications Commission granting an application of BCU-TV for a new television broadcast station to operate on Channel 41 at Battle Creek, Michigan, and denying a petition of appellant West Michigan Telecasters, Inc. requesting that the BCU application be designated for hearing.

West Michigan presses a two-pronged attack. First it contends that...

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