WEST MICHIGAN TELECASTERS, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Channel 41, Inc., Permittee of UHF Television Station WUHQ-TV, Battle Creek, Michigan, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 9, 1971.
Decided January 24, 1972.
As Amended on Denial of Rehearing March 7, 1972.
Attorney(s) appearing for the Case
Mr. Reed Miller, Washington, D. C., with whom Mr. David H. Lloyd and Mrs. Anne W. Branscomb, Washington, D. C., were on the brief, for appellant.
Mr. Charles M. Firestone, Counsel, Federal Communications Commission, with whom Messrs. Richard E. Wiley, General Counsel at the time the brief was filed, John H. Conlin, Associate General Counsel at the time the brief was filed, and Miss Katrina Renouf, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, also entered an appearance for appellee.
Mr. Forbes W. Blair, Washington, D. C., for intervenor.
Before WRIGHT and WILKEY, Circuit Judges, and A. SHERMAN CHRISTENSEN, U. S. Senior District Judge for the District of Utah.
United States Court of Appeals, District of Columbia Circuit.
WILKEY, Circuit Judge:
The principal questions presented for review here are: First, whether the Federal Communications Commission abused its discretion when it denied1 without a hearing West Michigan Telecasters, Inc.'s application for permission to move the location of its station WZZM-TV's transmitter, involving a request for a waiver of the Commission's Rules establishing minimum mileage separation between co-channel television stations...
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