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WCOV, INC. v. F. C. C.

Nos. 71-1472, 71-1477.

464 F.2d 812 (1972)

WCOV, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Central Alabama Broadcasters, Inc., and Selma Television Incorporated, Intervenors. MONTGOMERY INDEPENDENT TELECASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Central Alabama Broadcasters, Inc., and Selma Television Incorporated, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1972.

Attorney(s) appearing for the Case

Mr. Arthur V. Weinberg, Washington, D. C., with whom Mr. Vincent A. Pepper, Washington, D. C., was on the brief, for appellant in No. 71-1472.

Mr. Charles M. Firestone, Counsel, F. C. C., with whom Messrs. John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., were on the brief, for appellee. Mr. Richard E. Wiley, Gen. Counsel, F. C. C., at the time the record was filed, and Mr. John H. Conlin, Associate Gen. Counsel, F. C. C., at the time the record was filed, also entered appearances for appellee.

Mr. Howard Jay Braun, Washington, D. C., with whom Messrs. Jack P. Blume and Eugene F. Mullin, Washington, D. C., were on the brief, for intervenors. Mr. J. Parker Connor, Washington, D. C., also entered an appearance for intervenor Selma Television Inc.

Mr. Izas Bahakel, Birminghan, Ala., entered an appearance for appellant in No. 71-1477.

Before BAZELON, Chief Judge, WRIGHT, Circuit Judge, and CHARLES E. WYZANSKI, Jr., Senior United States District Judge for the District of Massachusetts.

J. SKELLY WRIGHT, Circuit Judge:

Appellant WCOV, Inc., the licensee of UHF Television Station WCOV in Montgomery, Alabama, seeks to prevent VHF Station WSLA, located in Selma, Alabama, from expanding its effective radiated power. The Federal Communications Commission approved WSLA's proposed expansion and denied appellant's request for reconsideration without a hearing. Finding no error in the Commission's procedures and no abuse of discretion in its decision, we...

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