Delaware, Lackawanna & Western R. v. Federal Communications Commission

Second Circuit

Delaware, Lackawanna & Western R. v. Federal Communications Commission

272 F.2d 706

CourtCourt of Appeals for the Second Circuit

DecidedDecember 7, 1959

DocketNo. 2, Docket 25046

StatusPublished

Cited by1 cases

This text of 272 F.2d 706 (Delaware, Lackawanna & Western R. v. Federal Communications Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Delaware, Lackawanna & Western R. v. Federal Communications Commission, 272 F.2d 706 (2d Cir. 1959).

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Opinion

PER CURIAM.

This is a petition for review of an order of the Federal Communications Commission denying petitioner’s application for a general exemption under 47 U.S.C. § 383 from the provisions of 47 U.S.C.A. § 381, requiring radio-telephone installations on certain passenger vessels that are navigated in the open sea or on tidewater adjacent or contiguous to the open sea. Petitioner’s vessels, ferry boats, are vessels within the scope of the statute, and are operated on the Hudson River between Hoboken, New Jersey and lower Manhattan. First, we take judicial notice that the area where these ferries operate is “adjacent or contiguous to the open sea.” Cf. Delaware, Lack-awanna & Western R. Co. v. Koske, 1929, 279 U.S. 7, 12, 49 S.Ct. 202, 73 L.Ed. 578. Second, we hold that the “conditions or circumstances” under which these ferries operate are not “such as to render a radio installation unreasonable, unnecessary, or ineffective” under 47 U.S.C. A. § 383.

Affirmed.

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PER CURIAM.

This is a petition for review of an order of the Federal Communications Commission denying petitioner’s application for a general exemption under 47 U.S.C. § 383 from the provisions of 47 U.S.C.A. § 381, requiring radio-telephone installations on certain passenger vessels that are navigated in the open sea or on tidewater adjacent or contiguous to the open sea. Petitioner’s vessels, ferry boats, are vessels within the scope of the statute, and are operated on the Hudson River between Hoboken, New Jersey and lower Manhattan. First, we take judicial notice that the area where these ferries operate is “adjacent or contiguous to the open sea.” Cf. Delaware, Lack-awanna & Western R. Co. v. Koske, 1929, 279 U.S. 7, 12, 49 S.Ct. 202, 73 L.Ed. 578. Second, we hold that the “conditions or circumstances” under which these ferries operate are not “such as to render a radio installation unreasonable, unnecessary, or ineffective” under 47 U.S.C. A. § 383.

Affirmed.

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272 F.2d 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaware-lackawanna-western-r-v-federal-communications-commission-ca2-1959.

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