WBEN, INC., Petitioner,
v.
UNITED STATES of America and Federal Communications Commission, Respondents.
ASSOCIATION ON BROADCASTING STANDARDS, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Rockland Broadcasters et al., Intervenors.
PACIFIC AND SOUTHERN COMPANY, Inc., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Association on Broadcasting Standards, Inc., Radio Olean, Inc., Techeland Broadcasting, Inc., Intervenors,
KING'S GARDEN, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
GOLDEN PLAINS INCORPORATED, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Klamath Broadcasting Co., et al., Intervenors.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued March 21, 1968.
Decided May 10, 1968.
Certiorari Denied October 21, 1968.
Attorney(s) appearing for the Case
Robert L. Heald, Washington, D. C. (Fletcher, Heald, Powell, Kenehan & Hildreth, Washington, D. C., Frank U. Fletcher, Edward F. Kenehan, James P. Riley, Washington, D. C., on brief), for petitioner WBEN, Inc.
William J. Potts, Jr., Washington, D. C. (Michael H. Bader, Washington, D. C., on brief, for petitioner Ass'n. of Broadcasting Standards.
Morton L. Berfield, Washington, D. C. (Cohen & Berfield, Washington, D. C., Lewis I. Cohen, Gennaro D. Caliendo, Washington, D. C., on brief), for petitioner King's Garden, Inc.
John L. Tierney, Washington, D. C. (McKenna & Wilkinson, Washington, D. C., James A. McKenna, Vernon L. Wilkinson, Washington, D. C., on brief), for petitioner Golden Plains, Inc.
Lauren A. Colby, Washington, D. C., for Intervenors Rockland Broadcasters, Ubiquitous Corp., Christian Broadcasting Corp., 5 KW, Inc., Heart of Georgia, Inc., Three Towers, Inc., Bexar Broadcasting Co., Inc., and others.
McKenna & Wilkinson, Washington, D. C., on the briefs, for intervenor American Broadcasting Co., Inc. and for intervenors Klamath Broadcasting Co., Plains Radio Broadcasting Co., Golden West Broadcasters et al.
John H. Conlin, Associate General Counsel (Henry Geller, General Counsel, William L. Fishman, Counsel, Donald F. Turner, Asst. U. S. Atty. Gen., Gregory B. Hovendon, Attorney, Department of Justice, Washington, D. C.), for respondents Federal Communications Commission and United States of America.
Before LUMBARD, Chief Judge, and FRIENDLY and ANDERSON, Circuit Judges.
United States Court of Appeals Second Circuit.
Certiorari Denied October 21, 1968. See 89 S.Ct. 238, 240.
FRIENDLY, Circuit Judge:
As a result of proceedings in several courts of appeals unnecessary to detail we have before us a number of petitions, under 28 U.S.C. § 2342(1), for review of orders of the Federal Communications Commission, reported in 8 F.C.C.2d 698 (1967), and 10 F.C.C.2d 283 (1967), which amend Part 73 of the Commission's Rules so as to establish a changed pattern for presunrise operation...
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