Courier-Journal Co. v. Federal Radio Commission, 5190.

• Citation: 60 App. DC 33,46 F.2d 614
• Decision Date: 06 January 1931
• Docket Number: No. 5190.,5190.
• Parties: COURIER-JOURNAL CO. et al. v. FEDERAL RADIO COMMISSION.
• Court: United States Courts of Appeals. United States Court of Appeals (District of Columbia)

60 App. DC 33, 46 F.2d 614 (1931)

COURIER-JOURNAL CO. et al. v. FEDERAL RADIO COMMISSION.

No. 5190.

Court of Appeals of District of Columbia.

Argued December 1, 1930.

Decided January 6, 1931.

Swagar Sherley, Fred DeC. Faust, and Charles F. Wilson, all of Washington, D. C., for appellants.

Thad H. Brown, Elmer W. Pratt, and D. M. Patrick, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

An appeal from an order modifying the broadcasting station license of appellants by a change of the frequency theretofore allotted to the station.

The appellants are the owners of a radio broadcasting station located at Louisville, Ky., and answering to the call signal WHAS. The station was regularly licensed by the Federal Radio Commission for the period of 90 days ending April 30, 1930, to operate on a frequency of 820 kilocycles, cleared channel, with a power output of 10 kilowatts, without limitation of time.

On March 22, 1930, appellants duly applied for a renewal of the license for the next regular 90-day license period, to continue operation upon the frequency of 820 kilocycles, and with similar power output and time of operation.

On April 7 and April 14, 1930, the Commission passed certain regulations and orders whereby the frequency assignment of appellants' station was to be changed from 820 kilocycles, as theretofore employed, to a frequency of 1,020 kilocycles, which had never before been allotted to the station. This change in frequency was to become effective on April 30, 1930, at 3 a. m., Eastern standard time. No provision was made in the order dated April 7, for any notice to the station or hearing by the Commission. It was provided, however, by the Commission's minute entry of April 14, that, "in event any station named above is not satisfied with its operation under its aforesaid assignment it may be heard on June 17, 1930, provided, that such station shall give notice to the Commission of its desire for such hearing twenty days or more prior to said date. However, the effective date of the licenses issued hereunder shall be April 30, 1930, at 3 a. m., Eastern Standard Time."

On April 21, 1930, the appellants filed an appeal in this court under authority of section 16 of the Radio Act of 1927 (44 Stat. 1162, 1169 47 USCA § 96), based in part upon the ground that the Commission had failed to give them notice or grant them a hearing of the proposed change...