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COMMUNICATIONS SYSTEMS, INC. v. F. C. C.

Nos. 75-1992, 77-1804.

595 F.2d 797 (1978)

COMMUNICATIONS SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. COMMUNICATIONS SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 29, 1978.

Attorney(s) appearing for the Case

Benedict P. Cottone, Washington, D. C., for petitioner.

C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Werner K. Hartenberger, Daniel M. Armstrong, Associate Gen. Counsel, Raymond L. Strassburger, Diana L. Evans, Counsel, F. C. C., Carl D. Lawson, Lee I. Weintraub, Barry Grossman and Edward E. Lawsen, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Ashton R. Hardy, Counsel, F. C. C., Washington, D. C., entered an appearance for respondent, F. C. C.

Before BAZELON and MacKINNON, Circuit Judges, and AUBREY E. ROBINSON, Jr., United States District Judge for the United States District Court for the District of Columbia.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Communications Systems, Inc. (hereinafter "Communications") petitions for review of the refusal by the Federal Communications Commission (hereinafter "FCC") to convert KFMP (Communications' FM radio station at Cape Girardeau, Missouri) from a Class B to a Class C station.1 Communications asserts three grounds for reversing the FCC orders: (1) the...

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