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GREAT FALLS COMMUNITY TV CABLE CO. v. F. C. C.

No. 22393.

416 F.2d 238 (1969)

GREAT FALLS COMMUNITY TV CABLE CO., Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Harriscope Broadcasting Corporation, Garryowen Cascade T.V., Inc., Teleprompter Transmission of Kansas, Inc., Intervenors.

United States Court of Appeals Ninth Circuit.

July 24, 1969.

Attorney(s) appearing for the Case

John P. Cole, Jr. (argued), Roger E. Zylstra and Alan Raywid, Washington, D.C., Cole, Zylstra & Raywid, Washington, D.C., of counsel, for petitioner.

Henry Geller (argued), Gen. Counsel, John H. Conlin, Assoc. Gen. Counsel, Joseph A. Marino, Counsel, FCC, Donald F. Turner, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Washington, D.C., for respondents.

Stanley B. Cohen, Roy R. Russo, Washington, D.C., of counsel, Law Office of Marcus Cohn, Washington, D.C., for intervenor Harriscope Broadcasting Corp.

Arthur H. Schroeder, John P. Bankson, Jr., Washington, D.C., of counsel, Miller & Schroeder, Washington, D.C., for intervenor Snyder & Associates.

Midlen & Reddy, John H. Midlen, Washington, D.C., for intervenor Garrytown Cascade T.V., Inc.

Before BROWNING and ELY, Circuit Judges, and VON DER HEYDT, District Judge.

BROWNING, Circuit Judge.

Great Falls Community TV Cable Co., Inc., filed this petition for review of an order of the Federal Communications Commission (10 F.C.C.2d 656) denying petitioner's application for waiver of the Commission's "nonduplication" rule. 47 C.F.R. §§ 21.712(h), 74.1103(f). This rule provides, in substance, that a CATV system operating in the basic market area of an off-the-air television station must, on request of the station, "refrain...

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