Massachusetts Bay Telecasters, Inc. v. FCC, 13896
| Decision Date | 19 January 1961 |
| Docket Number | No. 13896,13899.,13896 |
| Citation | 295 F.2d 131,111 US App. DC 144 |
| Parties | MASSACHUSETTS BAY TELECASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WHDH, Inc., a Massachusetts Corporation, Intervenor. GREATER BOSTON TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WHDH, Inc., a Massachusetts Corporation, Intervenor. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Messrs. Laurence S. Fordham, James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the pleadings for appellant in No. 13,896.
Messrs. Jeremiah T. Riley, Washington, D. C., and J. Joseph Maloney, Jr., Boston, Mass., were on the pleadings for appellant in No. 13,899.
Messrs. John L. FitzGerald, General Counsel, Max D. Paglin, Asst. General Counsel, Edgar W. Holtz, Associate General Counsel, and James T. Brennan, Jr., Attorney, Federal Communications Commission, were on the pleadings for appellee.
Messrs. William J. Dempsey, William C. Koplovitz and Harry J. Ockershausen, Washington, D. C., were on the pleadings for intervenor WHDH, Inc.
Before EDGERTON, DANAHER and BURGER, Circuit Judges.
Whereas this court in its opinion of July 31, 1958, 104 U.S.App.D.C. 226, 261 F.2d 55, indicated its intention on the record then before the court, to affirm the Commission's order of April 25, 1957, awarding VHF Channel 5 in Boston to WHDH, Inc., as to which no judgment by this court was then entered;
And Whereas the court by its order of July 31, 1958, directed that the status quo be maintained pending the court's further order to follow consideration of the Commission's findings and final report as to whether the said award be void ab initio or voidable and as to the possible disqualification of a party or various parties, in which respect the court directed that a further evidentiary hearing be held especially directed to certain specified particulars; and the proceedings having been remanded for such purposes;
And Whereas the court by its further order of October 7, 1960, noted that, in derogation of this court's order of July 31, 1958, "that the status quo in these cases be maintained", the Commission had purported to act on July 14, 1960, without having submitted its findings and recommendations to the court, and thereupon ordered that the Commission submit to the court findings and recommendations based upon the supplemental record compiled before the Special Hearing Examiner, Hon. Horace...
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...what follows. Compare Massachusetts Bay Telecasters, Inc. v. FCC, 104 U.S.App.D.C. 226, 261 F.2d 55, 65 (1958), modified, 111 U.S.App.D.C. 144, 295 F.2d 131 (Cir.), cert. denied, 366 U.S. 918, 81 S.Ct. 1094, 6 L.Ed.2d 241 II. Despite the bleak financial picture of the Railroad's past histor......
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...other applicants then before it. 29 F.C.C. 204 (1960). We approved the plan and remanded accordingly, Massachusetts Bay Telecasters, Inc. v. F.C.C., 111 U.S.App.D.C. 144, 295 F.2d 131, cert. denied, 366 U.S. 918, 81 S.Ct. 1094, 6 L.Ed.2d 241 In October, 1961, the Commission held new hearing......
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...for example, the discussion in Federal Communications Comm'n v. WOKO, 329 U.S. 223, 229, 67 S.Ct. 213, 91 L.Ed. 204 (1946). 7 111 U.S.App.D.C. ___, 295 F.2d 131. 8 64 Stat. 1129, 9 72 Stat. 951. 10 5 U.S.C.A. § 1037(c). 11 99 U.S.App.D.C. 199, 203-204, 239 F.2d 19, 23-24 (1956), certiorari ......
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Greater Boston Television Corporation v. FCC
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