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RADIO ATHENS, INC., (WATH) v. F. C. C.

No. 21476.

401 F.2d 398 (1968)

RADIO ATHENS, INC., (WATH), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Valley Broadcasting, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 9, 1968.

Attorney(s) appearing for the Case

Lauren A. Colby, Washington, D. C., for appellant.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Messers. 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. Grover C. Cooper, Washington, D. C., for intervenor.

Before BASTIAN, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

LEVENTHAL, Circuit Judge:

On November 21, 1966, Valley Broadcasting, Inc., filed an application for a new standard broadcast station (WNAL) to be located in Nelsonville, Ohio, requesting operation on 940 kc with 250 watts of power. In a public notice on April 5, 1967, the Federal Communications Commission assigned May 11, 1967, to the Valley application as the cut-off date. The public notice was pursuant to Commission rules1 and advised...

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