CITIZENS COMMITTEE TO SAVE WEFM v. F. C. C.

No. 73-1057.

506 F.2d 246 (1974)

CITIZENS COMMITTEE TO SAVE WEFM and Citizens Committee to Save WEFM, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Appellees, GCC Communications of Chicago, Inc. Zenith Radio Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1973.

Argued June 13, 1974.

On Rehearing October 4, 1974.

Rehearing Denied and Rehearing December 13, 1974.


Attorney(s) appearing for the Case

Harry R. Booth, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court and Thomas D. Allison, Jr., with whom Richard F. Watt, Chicago, Ill., was on the brief, for appellants.

Joseph Volpe, III, Counsel, Federal Communications Commission, with whom John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, were on the brief, for appellees. John H. Marple, Counsel, Federal Communications Commission and Howard E. Shapiro, Atty., Dept. of Justice, also entered an appearance for appellees.

Paul Dobin, Washington, D. C., with whom Ronald A. Siegel, Washington, D. C., and Philip J. Curtis, Chicago, Ill., were on the brief, for intervenor GCC Communications of Chicago, Inc.

A brief was filed on behalf of The Friends of the Chicago Public Library as amicus curiae. Kenward K. Harris, Washington, D. C., entered an appearance for The Friends of the Chicago Public Library as amicus curiae.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and ROBB, Circuit Judge.


Argued En Banc June 13, 1974.

On Rehearing En Banc October 4, 1974.

Rehearing Denied and Rehearing En Banc December 13, 1974.

BAZELON, Chief Judge:

The Federal Communications Commission, without a hearing, approved the assignment of the license of a radio station and the proposal of the new licensee to change the format of the station from classical to contemporary music. The narrow question presented by the parties is whether the Federal Communications...

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