PLAINS TELEVISION CORPORATION v. F.C.C.

No. 15204.

278 F.2d 854 (1960)

PLAINS TELEVISION CORPORATION, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Livesay Broadcasting Co., Inc., Wabash Valley Broadcasting Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1960.


Attorney(s) appearing for the Case

Mr. Robert W. Coll, Washington, D. C., with whom Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief, for appellant.

Mr. Joel Rosenbloom, Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, General Counsel, Federal Communications Commission, Max D. Paglin, Assistant General Counsel, Federal Communications Commission, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. J. Roger Wollenberg, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for intervenor Wabash Valley Broadcasting Corporation.

Mr. Benedict P. Cottone, Washington, D. C., for intervenor Livesay Broadcasting Co., Inc. Mr. Arthur Scheiner, Washington, D. C., also entered an appearance for intervenor Livesay Broadcasting Co., Inc.

Before Mr. Justice BURTON, retired, and DANAHER and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

Petitioner (appellant) in this appeal urges that the action of the Federal Communications Commission (Commission, appellee), in rejecting as untimely its application for Channel 10, erroneously deprived petitioner of its rights to an Ashbacker1 hearing and improperly ignored relevant public interest considerations. The facts are brief and largely undisputed.

Wabash Valley Broadcasting Corporation (Wabash...

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