INDIANA BROADCASTING CORPORATION (WANE-TV) v. F.C.C.

Nos. 20833, 20990.

407 F.2d 681 (1968)

INDIANA BROADCASTING CORPORATION (WANE-TV), Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, and United States of America, Respondents, G T & E Communications Inc., Intervenor. INDIANA BROADCASTING CORPORATION (WANE-TV), Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, and United States of America, Respondents, Shardco Cablevision, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 5, 1968.


Attorney(s) appearing for the Case

Mr. Ernest W. Jennes, Washington, D. C., with whom Mr. Robert J. Muth, Washington, D. C., was on the brief, for petitioner.

Mr. Robert D. Hadl, Counsel, Federal Communications Commission, with whom Asst. Atty. Gen. Donald F. Turner, Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, and Mr. Howard E. Shapiro, Atty., Department of Justice, were on the brief, for respondents. Mr. William L. Fishman, Counsel, Federal Communications Commission, also entered an appearance for respondent Federal Communications Commission in No. 20,833.

Mr. David H. Lloyd, Washington, D C., with whom Mr. Reed Miller, Washington, D. C., was on the brief, for intervenor in No. 20,833. Mr. Paul A. Porter, Washington, D. C., also entered an appearance for intervenor in No. 20,833.

Messrs. John D. Matthews and Daniel M. Redmond, Washington, D. C., entered appearances for intervenor in No. 20,990.

Before FAHY, Senior Circuit Judge, and BURGER and ROBINSON, Circuit Judges.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Petitioner, Indiana Broadcasting Corporation, the licensee of WANE-TV, a Fort Wayne, Indiana, UHF television station, seeks review of two memorandum opinions and orders of the Federal Communications Commission1 denying petitioner's requests for an evidentiary hearing on proposals by GT&E Communications, Inc. (GT&E) and Shardco Cablevision, Inc. (Shardco), the intervenors here, to carry...

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