MID-FLORIDA RADIO CORPORATION. MID-FLORIDA TELEVISION CORPORATION, APPELLANTS,
v.
FEDERAL COMMUNICATIONS COMMISSION, APPELLEE, TELRAD, INC., INTERVENOR

D.C. Cir. | 1957-10-17
No. 13835
248 F.2d 755 United States Court of Appeals for the District of Columbia (1957)

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Holding

The appeal of Mid-Florida Television Corp. is dismissed for lack of standing, and the Commission's order is affirmed on the appeal of Mid-Florida Radio Corp.


Facts & Procedural History

The Commission granted an intervenor's application to modify a television station construction permit without a hearing, despite a protest and pending…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The 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 page 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.

The 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.

On 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).

It is so ordered.

. 48 Stat. 1085 (1934), as amended 47 U.S.C. § 309(c) (Supp. IV, 1957), 47 U.S.C.A. § 309(c).


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