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KAY v. FEDERAL COMMUNICATIONS COMMISSION

No. 24495.

443 F.2d 638 (1970)

Richard B. KAY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1970.

Attorney(s) appearing for the Case

Mr. Richard B. Kay, petitioner, pro se.

Mr. Richard R. Zaragoza, Counsel, Federal Communications Commission, with whom Messrs. John H. Conlin, Associate General Counsel, Federal Communications Commission, and Howard E. Shapiro, Atty., Department of Justice, were on the brief, for respondents. Mr. Henry Geller, General Counsel, Federal Communications Commission, at the time the record was filed, also entered an appearance for respondent Federal Communications Commission. Mr. George Edelstein, Atty., Department of Justice, also entered an appearance for respondent United States of America.

Before BAZELON, Chief Judge, and TAMM and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

This is an appeal from a Federal Communications Commission (FCC) ruling issued on July 15, 1970 which decided that certain broadcasting stations in Ohio properly rejected petitioner's request for equal time under section 315 (a) of the Communications Act1 during the 1970 primary election in Ohio to choose nominees to run in the general election in November for the office of United States Senator from that state...

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