FEDERAL BROADCASTING SYSTEM, INC., APPELLANT,
v.
FEDERAL COMMUNICATIONS COMMISSION, APPELLEE, WHEC, INC., AND VETERANS BROADCASTING COMPANY, INC., INTERVENORS
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The court held that the Commission's decision to grant construction permits was within its allowable discretion and not inconsistent with the public interest.
Following a remand, the Commission held an evidentiary hearing on a protest regarding construction permits for television stations. The Commission dis…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Upon remand to the Commission after our decision in Federal Broadcasting System, Inc. v. F.C.C., 96 U.S.App.D.C. 260, 225 F. 2d 560, certiorari denied W. H. E. C. Inc. v. Federal Broadcasting System, 350 U.S. 923, 76 S.Ct. 212, 100 L.Ed. 808 1 a full evidentiary hearing was held on Federal’s protest, after issues had been duly framed. Findings of fact and conclusions were made, and are included in the Commission’s decision and order dismissing the protest and affirming the grant to intervenors of construction permits for new television stations on Channel 10, on a share-time basis, in Rochester, New York. The present appeal is from this decision and order. We have considered the several procedural contentions raised by appellant and find in them no basis for reversal As to the merits, the principal contention of appellant is that the grants are inconsistent with the public interest, convenience and necessity in that they result in undue concentration of the media of mass communication in the area affected. The Commission weighed the factors relevant to this contention and resolved the issue in a manner which we think in the circumstances was within its allowable discretion. For this reason, and finding no error in other respects, the decision and order are
Affirmed.
. For a later aspect of the litigation see Federal Broadcasting System, Inc. v. F.C.C., 99 U.S.App.D.C. 320, 239 F. 2d 941.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fed. Broad. Sys., Inc. v. Fed. Commc'ns Comm'n, 225 F.2d 560 (D.C. Cir. 1955)
- Fed. Broad. Sys., Inc. v. Fed. Commc'ns Comm'n, 239 F.2d 941 (D.C. Cir. 1956)
- Black v. Utah, 350 U.S. 923 (U.S. 1955)
- Thropp v. Farnum, 350 U.S. 923 (U.S. 1955)