FIDELITY TELEVISION, INC. v. F. C. C.

No. 73-2213.

515 F.2d 684 (1975)

FIDELITY TELEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RKO General, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 1975.

Rehearing Denied June 30, 1975.


Attorney(s) appearing for the Case

Walter H. Sweeney, Washington, D. C., with whom Edward P. Morgan, Washington, D. C., was on the brief, for appellant.

Joseph A. Marino, Associate Gen. Counsel, F. C. C., with whom Ashton R. Hardy, Gen. Counsel, and Joseph Volpe III, Counsel, were on the brief, for appellee. John W. Pettit, Gen. Counsel, F. C. C., at the time the record was filed, also entered an appearance for appellee.

Harold David Cohen, Washington, D. C., with whom John J. Duffy, New York City, was on the brief, for intervenor, RKO General, Inc. J. Laurent Scharff, Washington, D. C., also entered an appearance for intervenor RKO General, Inc.

Before LEVENTHAL and ROBB, Circuit Judges, and DAVIS, Judge, United States Court of Claims.


DAVIS, Judge:

Nearly ten years ago, intervenor RKO General, Inc. filed an application for a three-year renewal of its license to operate KHJ-TV, Channel 9 in Los Angeles. Thus began a long saga which we may not even end today by affirming the Commission's decision in favor of RKO.1

I

RKO, a wholly-owned subsidiary of General Tire and Rubber Company, has operated KHJ since 1951. Joint Appendix at 52. Under the Federal...

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