MG-TV BROADCASTING COMPANY v. F. C. C.

No. 21224.

408 F.2d 1257 (1968)

MG-TV BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Seven Arts Broadcasting Co., Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1968.


Attorney(s) appearing for the Case

Mr. Harry M. Plotkin, Washington, D. C., with whom Mr. Stephen J. Csontos, Washington, D. C., was on the brief, for appellant. Mr. Gene A. Bechtel, Washington, D. C., also entered an appearance for appellant.

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

Mr. Jerome S. Boros, New York City, for intervenor. Messrs. Howard Jay Braun and Peter Shuebruk, Washington, D. C., also entered appearances for intervenor.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.


BAZELON, Chief Judge:

MG-TV Broadcasting Company appeals from an order of the Federal Communications Commission returning as unacceptable its application for a construction permit for UHF Channel 23 in Philadelphia, and granting an extension and permitting assignment of a previously-issued permit for that station. The permit was originally granted to Bernard Rappaport on November 30, 1961. It required that construction be commenced by January 30, 1962, and completed...

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