Edward C. White v. Federal Communications Commission, Wsm, Inc., Intervenor

252 F.2d 856, 102 U.S. App. D.C. 292, 1958 U.S. App. LEXIS 3790, 1958 WL 95248

• Court: Court of Appeals for the D.C. Circuit
• Decided: February 27, 1958
• Docket: 14164
• Status: Published

Opinion

PER CURIAM.

On April 18, 1957, intervenor WSM, Inc., applied to the Federal Communications Commission for permission to change the location of its television transmitter tower. On May 21, 1957, this application was granted. On June 18, appellant White filed a pleading entitled “Petition to Rehear,” alleging that persons — like himself — living near inter-venor’s new tower site would be endangered by the new tower, inasmuch as intervenor’s previous tower had collapsed with some loss of life. The Commission denied relief and appellant brought the case here.

Assuming for the purpose of this decision that appellant is a person “aggrieved or whose interests are adversely aifected,” 1 under both Section 405 and Section 402(b)(6) of the Communications Act, 2 we are satisfied, after review ing the record, that the Commission did not err or abuse its discretion when it declined to revoke its grant of permission to intervener. The Commission’s order denying relief to appellant will therefore he

Affirmed.

1 . But compare Granik v. Federal Communications Commission, 1956, 98 U.S.App.D.C. 247, 234 F.2d 682, with Granik v. Federal Communications Commission, 1958, 102 U.S.App.D.C. —, 252 F.2d 822.

2 . 48 Stat. 1095, 1093 (1934), as amended, 47 U.S.C.A. §§ 405, 402(b) (6).