INDUSTRIAL BROADCASTING CO. v. F. C. C.

No. 23856.

437 F.2d 680 (1970)

INDUSTRIAL BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WSM, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1970.


Attorney(s) appearing for the Case

Mr. Benedict P. Cottone, Washington, D. C., with whom Messrs. W. Ervin James, Houston, Tex., and David Meyers, Washington, D. C., were on the brief, for appellant.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Messrs. R. Russell Eagan and Erwin G. Krasnow, Washington, D. C., were on the brief for intervenor.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.


PER CURIAM:

Appellant, the licensee of a Class II AM radio station (KIKK) in Pasadena, Texas, brings this appeal from a decision of the Federal Communications Commission denying it a waiver of the so-called "pre-sunrise rules."

This controversy stems from the natural phenomenon which causes radio waves to travel further distances at night than during the day, thereby interfering with the signals of local stations during the nighttime hours and depriving local...

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