PASADENA BROADCASTING CO. v. F. C. C.

Nos. 74-1002, 74-1012, 74-1019, 74-1033, 74-1034 and 74-1454.

555 F.2d 1046 (1977)

PASADENA BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Broadcasting Corporation and Voice in Pasadena, Inc., Intervenors. GOODSON-TODMAN BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Broadcasting Corporation and Voice in Pasadena, Inc., Intervenors. Charles W. JOBBINS, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Broadcasting Corporation and Voice in Pasadena, Inc., Intervenors. VOICE IN PASADENA, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Broadcasting Corporation, Intervenor. PACIFIC FINE MUSIC, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Broadcasting Corporation and Voice in Pasadena, Inc., Intervenors. ORANGE RADIO, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Broadcasting Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1977.


Attorney(s) appearing for the Case

Reed Miller, Washington, D. C., for appellant in No. 74-1012.

James A. Gammon, Washington, D. C., with whom John M. Duty, Washington, D. C., was on the brief, for appellant in No. 74-1019.

Gerald S. Rourke, Washington, D. C., with whom Edward P. Morgan, Washington, D. C., was on the brief, for appellant in No. 74-1454.

Gregory M. Christopher, Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., Washington, D. C., were on the brief, for appellee. John W. Pettit, Gen. Counsel, Washington, D. C., at the time the record was filed, Philip V. Permut and Joseph Volpe, III, Counsel, F. C. C., Washington, D. C., also entered appearances for appellee.

Thomas H. Wall, L. Adrian Roberts and John H. Marple, Washington, D. C., were on the brief for appellant in No. 74-1002.

Frank U. Fletcher and Edward F. Kenehan, Washington, D. C., were on the brief for appellant in No. 74-1034.

Joseph M. Kittner, Washington, D. C., with whom James A. McKenna, Jr., Thomas N. Frohock and Steven A. Lerman, Washington, D. C., were on the brief, for intervenor Western Broadcasting Corporation.

Joseph F. Hennessey, Lee G. Lovett and Robert M. Booth, Jr., Washington, D. C., entered appearances for appellant in No. 74-1033 and for intervenor Voice in Pasadena.

Before ROBINSON and MacKINNON, Circuit Judges, and ROBERT H. MERHIGE, Jr., United States District Judge for the Eastern District of Virginia.


Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

In March, 1962, the Federal Communications Commission disqualified its licensee broadcasting from Pasadena, California, on the 1110 kHz (AM) frequency.1 Interim authorization was issued lest the channel fall silent,2 and the Commission invited applications from would-be successors to...

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