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TUCSON RADIO, INCORPORATED (KEVT) v. F. C. C.

No. 24614.

452 F.2d 1380 (1971)

TUCSON RADIO, INCORPORATED (KEVT), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 1971.

Attorney(s) appearing for the Case

Mr. Alvin L. Korngold, Tucson, Ariz., for appellant.

Mr. Charles M. Firestone, Counsel, Federal Communications Commission, with whom Messrs. Richard E. Wiley, Gen. Counsel, John H. Conlin, Associate Gen. Counsel at the time the brief was filed, and Joseph A. Marino, Counsel, Federal Communications Commission, were on the brief, for appellee.

Before BAZELON, Chief Judge, and McGOWAN, Circuit Judge, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.

BAZELON, Chief Judge:

In this appeal, Tucson Radio, Incorporated (KEVT) challenges the Federal Communications Commission's denial of its petition for waiver of Section 73.24(b)(3) (ii) of the Commission's rules without a hearing. We affirm the Commission's decision to deny a waiver but remand the case to the Commission to consider the question of whether KEVT fulfills the requirements of subsection (ii) which were added as an amendment to Section 73.24(b)(3...

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