David E. MacKey v. United States of America and Federal Communications Commission, National Broadcasting Company, Inc., Intervenor

D.C. Circuit

David E. MacKey v. United States of America and Federal Communications Commission, National Broadcasting Company, Inc., Intervenor

255 F.2d 898, 103 U.S. App. D.C. 146, 1958 U.S. App. LEXIS 4273, 1958 WL 95255

CourtCourt of Appeals for the D.C. Circuit

DecidedMay 22, 1958

Docket14239

StatusPublished

Cited by6 cases

This text of 255 F.2d 898 (David E. MacKey v. United States of America and Federal Communications Commission, National Broadcasting Company, Inc., Intervenor) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David E. MacKey v. United States of America and Federal Communications Commission, National Broadcasting Company, Inc., Intervenor, 255 F.2d 898, 103 U.S. App. D.C. 146, 1958 U.S. App. LEXIS 4273, 1958 WL 95255 (D.C. Cir. 1958).

Pincite

Opinion

*899 PER CURIAM.

David E. Mackey, permittee of UHF Station WOCN in Atlantic City, New Jersey, petitions for review of an order of the Federal Communications Commission which denied his request for rule making to amend the table of television channel assignments contained in 3.606(b) of the Rules and Regulations by shifting Channel 3 from Philadelphia, Pennsylvania, to Atlantic City, thus making a VHF station available to the latter. He says the Commission acted arbitrarily and capriciously, and violated §§ 303(f), 303 (r) and 307(b) of the Communications Act of 1934 as amended, 47 U.S.C.A. §§ 303(f, r), 307(b), §§ 4(d) and 6(d) of the Administrative Procedure Act, 5 U.S.C.A. §§ 1003(d), 1005(d), and Commission Rules 1.701, 1.702 and 1.729.

We hold the Commission acted within its discretion. Coastal Bend Television Co. v. Federal Communications Commission, 1956, 98 U.S.App.D.C. 251, 255, 234 F.2d 686, 690.

Affirmed.

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*899 PER CURIAM.

David E. Mackey, permittee of UHF Station WOCN in Atlantic City, New Jersey, petitions for review of an order of the Federal Communications Commission which denied his request for rule making to amend the table of television channel assignments contained in 3.606(b) of the Rules and Regulations by shifting Channel 3 from Philadelphia, Pennsylvania, to Atlantic City, thus making a VHF station available to the latter. He says the Commission acted arbitrarily and capriciously, and violated §§ 303(f), 303 (r) and 307(b) of the Communications Act of 1934 as amended, 47 U.S.C.A. §§ 303(f, r), 307(b), §§ 4(d) and 6(d) of the Administrative Procedure Act, 5 U.S.C.A. §§ 1003(d), 1005(d), and Commission Rules 1.701, 1.702 and 1.729.

We hold the Commission acted within its discretion. Coastal Bend Television Co. v. Federal Communications Commission, 1956, 98 U.S.App.D.C. 251, 255, 234 F.2d 686, 690.

Affirmed.

Springfield Television Broadcasting Corporation and Greenfield Television Broadcasting Corporation v. Federal Communications Commission, the Travelers Broadcasting Service Corporation and the Wgbh Educational Foundation, Intervenors. Springfield Television Broadcasting Corporation and Greenfield Television Broadcasting Corporation v. The United States of America and Federal Communications Commission, the Travelers Broadcasting Service Corporation and the Wgbh Educational Foundation, Intervenors

259 F.2d 170 (D.C. Circuit, 1958)

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255 F.2d 898, 103 U.S. App. D.C. 146, 1958 U.S. App. LEXIS 4273, 1958 WL 95255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-e-mackey-v-united-states-of-america-and-federal-communications-cadc-1958.

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