Nos. 74-1298, 74-1299.

514 F.2d 1354 (1975)

Richard TURNER, Individually and as Agent for the Black Youth Club, and the Southern Christian Leadership Conference, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Radio Station WSNT, National Association of Broadcasters, Intervenors. Richard TURNER, Individually and as Agent for the Black Youth Club, et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Station WSNT, Inc., National Association of Broadcasters, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Paul Gewirtz, Washington, D.C., with whom Joseph Onek, Washington, D.C., was on the brief for petitioners.

Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, with whom Ashton R. Hardy, Gen. Counsel and C. Grey Pash, Jr., Counsel, Federal Communications Commission were on the brief, for respondent. R. Michael Senkowski, Counsel, Federal Communications Commission also entered an appearance for respondent.

John B. Summers, Washington, D.C., was on the brief for intervenor, National Association of Broadcasters. John A. Borsari and George R. Borsari, Jr., Washington, D.C., entered appearances for intervenor Radio Station WSNT, Inc.

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

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Richard Turner and others filed a petition in 1970 before the Federal Communications Commission (FCC) seeking to deny renewal of the license of WSNT, Inc., to operate WSNT-AM in Sandersville, Georgia. Petitioners alleged racial discrimination in WSNT's operation and a failure adequately to serve the entire Sandersville community, which is 60 percent black. In an opinion and order dated...

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