WHEELING ANTENNA COMPANY, Inc., Petitioner,
v.
UNITED STATES of America and Federal Communications Commission, Respondents.
WTRF-TV, Inc., Intervenor.
United States Court of Appeals Fourth Circuit.https://leagle.com/images/logo.png
Argued January 11, 1968.
Decided February 28, 1968.
Attorney(s) appearing for the Case
Morton L. Berfield, Washington, D. C. (Cohen & Berfield, Washington, D. C., Jay T. McCamic, and McCamic & McCamic, Wheeling, W. Va., on brief), for petitioner.
John H. Conlin, Associate General Counsel, Federal Communications Commission (Henry Geller, General Counsel, Lenore G. Ehrig, William L. Fishman, Counsel, Federal Communications Commission, Donald F. Turner, Asst. Atty. Gen., and Howard E. Shapiro, Attorney, Department of Justice, on brief), for respondents.
B. Dwight Perry, Washington, D. C. (Thomas H. Wall and Alan C. Campbell, Washington, D. C., on brief), for intervenor.
Before BRYAN and BUTZNER, Circuit Judges, and KELLAM, District Judge.
United States Court of Appeals Fourth Circuit.
ALBERT V. BRYAN, Circuit Judge:
The operator at Wheeling, West Virginia of a community antenna television system (CATV)1, Wheeling Antenna Company, Inc. (WACO) was refused by the Federal Communications Commission a waiver of section 74.1103(e) of its rules2, forbidding the company to carry from other television stations a duplication of any program which on the same day is propagated by the Wheeling station...
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