No. 74-1409.

514 F.2d 852 (1975)

EAGLE BROADCASTING COMPANY and WTVY, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Cosmos Broadcasting Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

June 17, 1975.

Attorney(s) appearing for the Case

Jack P. Blume and Arthur G. House, Washington, D. C., were on the briefs for Eagle Broadcasting Co.

Arthur H. Schroeder and William M. Barnard, Washington, D. C., were on the briefs for WTVY, Inc.

Ashton R. Hardy, Gen. Counsel, Joseph A. Marino, Associate Gen. Counsel, and John E. Ingle, Washington, D. C., Counsel, were on the brief for appellee.

William P. Sims, Jr., and Richard F. Swift, Washington, D. C., were on the brief for intervenor.

Before McGOWAN, ROBINSON and ROBB, Circuit Judges.


The dispute in this case is among three television broadcasters: Cosmos of Montgomery, Alabama (a VHF broadcaster); Eagle of Columbus, Georgia (a UHF broadcaster); and WTVY of Dothan, Alabama (a VHF broadcaster). The first of these, Cosmos, has been granted FCC permission to move its transmission facilities some twelve miles east-southeast of their former site, and to increase the height of its antenna to roughly double its former size. The latter two...

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