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CORNELL UNIVERSITY v. UNITED STATES

No. 753, Docket 33915.

427 F.2d 680 (1970)

CORNELL UNIVERSITY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents. Clear Channel Broadcasting Service, Loyola University, Intervenors.

United States Court of Appeals, Second Circuit.

Decided June 8, 1970.

Attorney(s) appearing for the Case

Roy F. Perkins, Jr., Marcus Cohn, Paul Dobin, Washington, D. C., for petitioner.

Joseph A. Marino, Henry Geller, John H. Conlin, FCC, Richard W. McLaren, Gregory B. Hovendon, Dept. of Justice, for respondents.

Robert A. Marmet, R. Russell Eagan, Theodore A. Shmanda, Kirkland, Ellis, Hodson, Chaffetz, Masters & Rowe, Washington, D. C., for intervenors.

Before LUMBARD, Chief Judge, and WATERMAN, Circuit Judge, and JAMESON, District Judge.

WATERMAN, Circuit Judge:

Cornell University is the licensee of Standard Broadcast Radio Station WHCU in Ithaca, New York. WHCU is designated a Class II station by the Federal Communications Commission, and operates with a power of five kilowatts during the day. To the limited extent that it has been permitted to operate in the past during the nondaylight hours between sunset and sunrise, the station has then used a power of one kilowatt.

The present dispute...

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