WSTE-TV, INC. v. F.C.C.

No. 76-1361.

566 F.2d 333 (1977)

WSTE-TV, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Puerto Rico Broadcasting, Inc., Invervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 21, 1977.


Attorney(s) appearing for the Case

Eugene F. Mullin, Washington, D. C., with whom Nathaniel F. Emmons, Washington, D. C., was on the brief, for appellant.

Raymond L. Strassburger, Counsel F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Washington, D. C., at the time the brief was filed and Daniel M. Armstrong, Associate Gen. Counsel F. C. C., Washington, D. C., were on the brief, for appellee.

Ben C. Fisher, Washington, D. C., with whom Charles H. Bell, Jr., Washington, D. C., was on the brief, for intervenor. Richard R. Zaragoza, Washington, D. C., also entered an appearance for intervenor.

Before TAMM and MacKINNON, Circuit Judges and OLIVER GASCH, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Appellant, WSTE-TV, Inc. (WSTE) applied to the Federal Communications Commission (Commission) in 1967 for modification of its existing construction permit for Channel 13 in Fajardo, Puerto Rico. The application requested authorization for location of a proposed transmitter in Jimenez, Puerto Rico, rather than in Sardinera Barrio, as previously authorized. The Commission's Hearing Examiner...

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