CLAY BROADCASTING CORP. OF TEXAS v. UNITED STATES

Nos. 71-1621, 71-1990.

464 F.2d 1313 (1972)

CLAY BROADCASTING CORPORATION OF TEXAS, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents. NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 2, 1972.


Attorney(s) appearing for the Case

Frank U. Fletcher, Vincent J. Curtis, Jr., Washington, D. C., Gibbons Burke, New Orleans, La., Robert L. Heald, Washington, D. C. (Fletcher, Heald, Rowell, Kenehan & Hildreth, Washington, D. C., of counsel), for Clay Broadcasting Corp. of Texas.

John B. Summers, Louise O. Knight, Washington, D. C., for National Assn. of Broadcasters.

John N. Mitchell, Atty. Gen., Richard W. McLaren, Asst. Atty. Gen., Dept. of Justice, John H. Conlin, Associate Gen. Counsel, John W. Pettit, Gen. Counsel, F.C.C., Gregory B. Hovendon, Asst. Chief, Appellate Section, Dept. of Justice, Washington, D. C., Charles M. Firestone, Edward J. Kuhlmann, and Kenneth A. Cox, F.C.C., Washington, D. C., for appellees.

Gary L. Christensen, Charles S. Walsh, Washington, D. C., for intervenor, Nat'l Cable T.V. Assn.

Thomas N. Frohack, James R. Cooke, Washington, D. C., for intervenor, Forward Communications Corp.

Alfred C. Cordon and John B. Jacob, Washington, D. C. (Cordon & Jacob, Washington, D. C., of counsel), for WBLI, Inc., and others.

Walter Kaitz, Castro Valley, Cal., for intervenor, Cal. Community T.V. Assn., Inc.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


GEWIN, Circuit Judge:

These consolidated petitions for review seek to set aside the revised schedule of fees of the Federal Communications Commission which became effective August 1, 1970.1 The petitioners are representatives of the broadcasting and cable television industries and include several individuals and corporations which have interests in particular broadcast properties. While the contentions of the several parties vary widely...

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