Colonial Television, Inc. v. Federal Communications Commission, Wcax Broadcasting Corporation, Intervenor

217 F.2d 21, 95 U.S. App. D.C. 7, 1954 U.S. App. LEXIS 4622

• Court: Court of Appeals for the D.C. Circuit
• Decided: November 18, 1954
• Docket: 12167_1
• Status: Published

Opinion

PER CURIAM.

Colonial Television, Inc., appeals from an order of the Federal Communications Commission denying its application for a permit to construct and operate a commercial television station on Channel 3 in Montpelier, Vermont, and granting the application for the same facilities filed by WCAX Broadcasting Corporation, the intervenor in this court. The denial of Colonial’s application was based upon its default before the hearing examiner in establishing ' its minimum qualifications. Having failed to meet the burden imposed upon it pursuant to Section 309(b) of the Communications Act, 1 Colonial lacked entitlement to contest in a comparative hearing the qualifications of WCAX or otherwise to dispute the favorable action of the Commission upon the latter’s application. See Simmons v. Federal Communications Commission, 1944, 79 U.S.App.D.C. 264, 145 F.2d 578. Other contentions fall short of disclosing a denial of procedural due process. Federal Communications Commission v. WJR, 1949, 337 U.S. 265, 283, 69 S.Ct. 1097, 93 L.Ed. 1353.

Affirmed.

1 . Act of June 19 ,1934, as amended, 47 U.S.C.A. § 309(b).