CAPITAL CITY TELEVISION, INC., APPELLANT,
v.
FEDERAL COMMUNICATIONS COMMISSION, APPELLEE. HELENA TV, INC., JAMES G. EDMISTON, D/B/A MONTANA MICROWAVE, CORY-DULLUM POST NO. 10010, VETERANS OF FOREIGN WARS OF THE UNITED STATES, EAST HELENA, MONTANA, INTERVENORS
CAPITAL CITY TELEVISION, INC., APPELLANT,
FEDERAL COMMUNICATIONS COMMISSION, APPELLEE. HELENA TV, INC., JAMES G. EDMISTON, D/B/A MONTANA MICROWAVE, CORY-DULLUM POST NO. 10010, VETERANS OF FOREIGN WARS OF THE UNITED STATES, EAST HELENA, MONTANA, INTERVENORS
269 F.2d 226
United States Court of Appeals for the District of Columbia (1959)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In our opinion the Federal Communications Commission erred in deciding that a “protest” filed by appellant did not meet the requirements of § 309(c) of the Communications Act, 70 Stat. 3, 47 U.S.C.A. § 309(c), and in dismissing the protest. The order of dismissal is vacated and the case is remanded to the Commission with instructions to proceed in accordance with § 309(c).
Vacated and remanded.