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COMMUNICATIONS INVESTMENT CORP. v. F. C. C.

Nos. 78-1715, 78-1724 and 78-1885.

641 F.2d 954 (1981)

COMMUNICATIONS INVESTMENT CORP., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, KDAB, Inc., Intervenor. CARMAN CORP., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, KDAB, Inc., Intervenor. COMMUNICATIONS INVESTMENT CORP., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Ben Lomond Broadcasting Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1981.

As Amended March 10, 1981.

Attorney(s) appearing for the Case

John M. Pelkey, Washington, D.C., with whom William J. Potts, Jr., Washington, D.C., was on the brief, for appellant in Nos. 78-1715 and 78-1885.

Kevin F. Reed and Michael A. Pace, Washington, D.C., were on the brief for appellant in No. 78-1724.

C. Grey Pash, Jr., Counsel, Washington, D.C., with whom Robert R. Bruce, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on the brief for appellee. John J. Powers, III, and Bruce E. Fein, Attys., Dept. of Justice, Washington, D.C., also entered an appearance for appellee.

Howard M. Weiss, Eugene F. Mullin, Howard J. Braun and Irving Gastfreund, Washington, D.C., were on the brief for intervenors.

Before WILKEY, WALD and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Circuit Judge WALD.

WILKEY, Circuit Judge:

In these consolidated cases, despite two decisions of this court to the contrary, the Federal Communications Commission (FCC or Commission) has allowed two radio stations to locate their transmitters away from their community of license at a site overlooking a larger and more lucrative market without holding a hearing to investigate...

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