Mid-Florida Radio Corporation, Mid-Florida Television Corporation v. Federal Communications Commission, Telrad, Inc., Intervenor , 248 F.2d 755 ( 1957 )
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248 F.2d 755
101 U.S.App.D.C. 342
MID-FLORIDA RADIO CORPORATION, Mid-Florida Television
Corporation, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee, Telrad, Inc., Intervenor.No. 13835.
United States Court of Appeals District of Columbia Circuit.
Argued Oct. 3, 1957.
Decided Oct. 17, 1957.Mr. Paul Dobin, Washington, D.C., with whom Messrs. Leonard H. Marks and Stanley S. Neustadt, Washington, D.C., were on the brief, for appellants.
Mr. Joel Rosenbloom, Counsel, Federal Communications Commission, of the bar of the Supreme Court of Indiana, pro hac vice, by special leave of Court, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, and Henry Geller, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. John J. O'Malley, Jr., Counsel, Federal Communications Commission, also entered an appearance for appellee.
Mr. Frederick H. Walton, Jr., Washington, D.C., with whom Messrs. William J. Dempsey and William C. Koplovitz, Washington, D.C., were on the brief, for intervenor.
Before FAHY, WASHINGTON and DANAHER, Circuit Judges.
PER CURIAM.
1The question here, as it was in Federal Broadcasting System, Inc., v. F.C.C., 99 U.S.App.D.C. 320, at page 323, 239 F.2d 941, at pag 944, is whether we should set aside the Commission's order made under section 309(c) of the Communications Act.1 The order leaves in effect the grant by the Commission, without a hearing, of intervenor's application to modify its construction permit for a television station on Channel 2, Daytona Beach, Florida, notwithstanding appellant had duly protested the grant and a hearing and decision on the protest were pending.
2The appeal of Mid-Florida Television Corp. will be dismissed for lack of standing. Mansfield Journal Co. v. F.C.C., 84 U.S.App.D.C. 341, 173 F.2d 646; KFAB Broadcasting Co. v. F.C.C., 85 U.S.App.D.C. 160, 177 F.2d 40.
3On the appeal of Mid-Florida Radio Corp. we will affirm, being of the opinion that the action of the Commission was within its authority under, and was taken in a manner which complies with, section 309(c).
4It is so ordered.
148 Stat. 1085 (1934), as amended 47 U.S.C. 309(c) (Supp. IV, 1957), 47 U.S.C.A. 309(c)
Document Info
Docket Number: 13835_1
Citation Numbers: 248 F.2d 755
Judges: DanAHER, Fahy, Per Curiam, Washington
Filed Date: 10/17/1957
Precedential Status: Precedential
Modified Date: 8/3/2023