SANGAMON VALLEY TELEVISION CORPORATION, PETITIONER,
v.
UNITED STATES OF AMERICA AND FEDERAL COMMUNICATIONS COMMISSION, RESPONDENTS. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., WMAY-TV, INC., SIGNAL HILL TELECASTING CORPORATION, PLAINS TELEVISION CORPORATION, INTERVENORS

D.C. Cir. | 1958-05-01
No. 13992
255 F.2d 191 United States Court of Appeals for the District of Columbia (1958) Positive Treatment
Cited by 6 cases

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Holding

The court held that the FCC's amendment to the Table of Television Channel Assignment was not arbitrary, capricious, or illegal.


Facts & Procedural History

Petitioner sought review of an FCC decision amending the Table of Television Channel Assignment, reassigning VHF Channel 2 from Springfield, Illinois,…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks review of a rule-making decision of the Federal Communications Commission resulting in amendment of the Table of Television Channel Assignment. The amendment assigned VHF Channel 2, Springfield, Illinois, to St. Louis, Missouri, and Terre Haute, Indiana, accompanied with the. assignment of UHF Channels 26 and 36 to Springfield.

Petitionér, applicant for Channel 2 at Springfield, attacks the decision as illegal because inconsistent with section 307(b) of the Communications Act.1

We are unable to sustain this attack. Upon the basis of a full hearing the Commission weighed the various factors involved and reached a reasoned decision within its competence. We find nothing arbitrary, capricious or otherwise illegal in the decision, and it accordingly is

Affirmed.

. This section reads as follows:

“In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a-fair, efiicient, and equitable distribution of radio service to each of the same.” 48 Stat. 1083 (1934), as amended, 47 U.S.C.A. § 307 (b) (1952).

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