CITIZENS COMMUNICATIONS CENTER v. F. C. C.

Nos. 24471, 24491, 24221.

447 F.2d 1201 (1971)

CITIZENS COMMUNICATIONS CENTER et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. HAMPTON ROADS TELEVISION CORPORATION and Community Broadcasting of Boston, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents WTAR Radio-TV Corporation, RKO General, Inc. (RKO) and Dudley Station Corporation, Intervenors. CITIZENS COMMUNICATIONS CENTER et al., Appellants, v. Honorable Dean BURCH, Chairman, Federal Communications Commission, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1971.


Attorney(s) appearing for the Case

Mr. William A. Dobrovir, Washington, D. C., with whom Messrs. Albert H. Kramer and Robert J. Stein, Washington, D. C., were on the brief, for petitioners in No. 24,471 and appellants in No. 24,221.

Mr. Edward P. Morgan, Washington, D. C., with whom Mr. Gerald S. Rourke, Washington, D. C., was on the brief, for petitioners in No. 24,491. Messrs. Walter H. Sweeney and Vincent B. Welch, Washington, D. C., also entered appearances for petitioners in No. 24,491.

Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, with whom Mr. Joseph A. Marino, Counsel, Federal Communications Commission, was on the brief, for respondents in Nos. 24,471 and 24,491 and for appellees in No. 24,221. Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, and Mr. Henry Geller, General Counsel, Federal Communications Commission, at the time the record was filed, also entered appearances for respondent Federal Communications Commission in Nos. 24,471 and 24,491 and appellees in No. 24,221. Mr. Howard E. Shapiro, Atty., Department of Justice, entered an appearance for respondent United States of America in Nos. 24,471 and 24,491.

Messrs. Harold David Cohen and James J. Freeman, Washington, D. C., were on the brief for intervenor RKO General, Inc. in No. 24,491.

Messrs. Edgar W. Holtz, Richard S. Rodin and William A. Bradford, Jr., Washington, D. C., were on the brief for intervenor WTAR Radio-TV Corporation in No. 24,491.

Mr. Joseph F. Hennessey, Washington, D. C., entered an appearance for intervenor Dudley Station Corporation in No. 24,491.

Before WRIGHT, MacKINNON and WILKEY, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

Appellants and petitioners1 in these consolidated cases2 challenge the legality of the "Policy Statement on Comparative Hearings Involving Regular Renewal Applicants," 22 F.C.C.2d 424, released by the Federal Communications Commission on January 15, 1970, and by its terms made applicable to pending proceedings. Briefly stated, the...

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