COLUMBUS BROADCASTING COALITION v. F. C. C.

No. 73-1074.

505 F.2d 320 (1974)

COLUMBUS BROADCASTING COALITION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WBNS TV, Inc., RadiOhio, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1974.

Rehearing Denied November 22, 1974.


Attorney(s) appearing for the Case

Charles M. Firestone, Washington, D. C., with whom Albert H. Kramer and Frank W. Lloyd, III, Washington, D. C., were on the brief, for appellant.

Philip V. Permut, 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 appellee. R. Michael Senkowski, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Daniel W. Toohey, Washington, D. C., with whom Thomas H. Wall and Richard D. Marks, Washington, D. C., were on the brief, for intervenors.

Before TAMM, LEVENTHAL and ROBINSON, Circuit Judges.


TAMM, Circuit Judge:

This is an appeal pursuant to 47 U.S.C. § 402(b)(6) (1970) challenging an order1 of the Federal Communications Commission (hereafter "the Commission") granting license renewal for stations WBNS-AM, FM, and TV, Columbus, Ohio.2 The basic issue raised is whether the Commission could reasonably find that appellant had not raised substantial and material issues of fact sufficient to demonstrate...

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