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PLAINS TELEVISION CORPORATION v. F. C. C.

No. 24246.

440 F.2d 276 (1971)

PLAINS TELEVISION CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Soillcom, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 1971.

Attorney(s) appearing for the Case

Mr. Carl R. Ramey, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for petitioner.

Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, with whom Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, was on the brief, for respondents. Mr. Howard E. Shapiro, Atty., Department of Justice, also entered an appearance for respondents. Mr. Henry Geller, General Counsel, Federal Communications Commission at the time the record was filed, also entered an appearance for respondents.

Messrs. Peter Shuebruk, Herbert M. Schulkind and Howard Jay Braun, Washington, D. C., were on the brief for intervenor.

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

PER CURIAM:

Petitioner, a licensee of UHF television stations in Springfield and Champaign, Illinois, challenges an order issued in rule making by the Federal Communications Commission which assigned a VHF television channel to Mt. Vernon, Illinois. There is, of course, no question of signal impairment but only of potentially adverse economic impact. No procedural shortcomings in the Commission's proceedings are asserted, and the central claim is that the Commission...

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