No. 74-1633.

514 F.2d 1343 (1975)

SOUTHWEST PENNSYLVANIA CABLE TV, INC., California, Pennsylvania, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WIIC-TV Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Yolanda G. Barco, Meadville, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, for appellant. Frederick W. Ford, Alexandria, Va. and Lee G. Lovett Washington, D. C., were on the brief for appellant.

David L. Kuhns, Counsel, Federal Communications Commission, with whom Ashton R. Hardy, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, were on the brief for appellee. Gregory M. Christopher, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Richard D. Marks, Washington, D. C., with whom John A. Rafter and Daniel M. Redmond, Washington, D. C., were on the brief for intervenor.

Before MacKINNON and WILKEY, Circuit Judges, and JAMESON, Senior United States District Judge for the District of Montana.

Opinion for the court filed by Circuit Judge MacKinnon.

MacKINNON, Circuit Judge:

Appellant Southwest Pennsylvania Cable, TV, Inc. operates a community antenna television system serving approximately 1900 subscribers in the vicinity of California, Pennsylvania. On the basis of the FCC's predicted signal quality, Southwest's service area lies within the "principal community" contour of Intervenor WIIC-TV Pittsburgh, the "Grade A" contour of WTRF-TV Wheeling...

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