GORDON CTY. BROADCASTING CO. v. F. C. C.

No. 24093.

446 F.2d 1335 (1971)

GORDON COUNTY BROADCASTING COMPANY (WCGA), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, John C. Roach, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1971.

Petition for Rehearing Denied August 10, 1971.


Attorney(s) appearing for the Case

Mr. B. Jay Baraff, Washington, D. C., with whom Mr. Arthur Stambler, Washington, D. C., was on the brief, for appellant.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, Gen. Counsel at the time the brief was filed, John H. Conlin, Associated Gen. Counsel, and D. Biard MacGuineas, Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Lawrence J. Bernard, Jr., Washington, D. C., for intervenor.

Before MacKINNON and ROBB, Circuit Judges, and VAN PELT, Senior United States District Judge for the District of Nebraska.


PER CURIAM:

This appeal from a decision and order of the F.C.C. involves mutually exclusive applications to operate a radio station on 900 kHz with a power of 1 kw, daytime only, in Calhoun, Georgia. The application of appellant Gordon County Broadcasting Company seeks renewal of its broadcasting license to operate station WCGA in Calhoun. Appellant Roach seeks a license to operate a new station.

In a memorandum opinion and order dated September 7, 1967, the...

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