Farrell McKean D/b as Business and Professional Telephone Exchanges v. Federal Communications Commission, Mobilfone, Inc., Intervenor

D.C. Circuit

Farrell McKean D/b as Business and Professional Telephone Exchanges v. Federal Communications Commission, Mobilfone, Inc., Intervenor

295 F.2d 135, 111 U.S. App. D.C. 148, 1961 U.S. App. LEXIS 4685

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 27, 1961

Docket15969_1

StatusPublished

Cited by1 cases

This text of 295 F.2d 135 (Farrell McKean D/b as Business and Professional Telephone Exchanges v. Federal Communications Commission, Mobilfone, 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

Farrell McKean D/b as Business and Professional Telephone Exchanges v. Federal Communications Commission, Mobilfone, Inc., Intervenor, 295 F.2d 135, 111 U.S. App. D.C. 148, 1961 U.S. App. LEXIS 4685 (D.C. Cir. 1961).

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Opinion

PER CURIAM.

Petitioner applied for a radio frequency for a one-way coded message paging service. After a comparative hearing, the trial examiner recommended an award of the frequency to the petitioner. In so doing he relied upon petitioner’s lower rates and the increased competition which would result from his selection. *136 The Commission rejected the examiner’s recommendation and awarded the frequency to the intervenor, who offers transmission of literal rather than coded messages. In the Commission’s view the advantages of the type of service proposed by intervenor outweighed the other considerations. “The choice between the applicants had to be and was made after comparison of all pertinent factors * *. [W]e cannot find that the Commission’s decision was arbitrary, capricious or unsupported by substantial evidence.” Mc-Clatchy Broadcasting Co. v. F. C. C., 1956, 99 U.S.App.D.C. 195, 199, 239 F.2d 15, 19, certiorari denied Sacramento Telecasters, Inc., v. McClatchy Broadcasting Co., 1957, 353 U.S. 918, 77 S.Ct. 662, 1 L.Ed.2d 665.

Affirmed.

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PER CURIAM.

Petitioner applied for a radio frequency for a one-way coded message paging service. After a comparative hearing, the trial examiner recommended an award of the frequency to the petitioner. In so doing he relied upon petitioner’s lower rates and the increased competition which would result from his selection. *136 The Commission rejected the examiner’s recommendation and awarded the frequency to the intervenor, who offers transmission of literal rather than coded messages. In the Commission’s view the advantages of the type of service proposed by intervenor outweighed the other considerations. “The choice between the applicants had to be and was made after comparison of all pertinent factors * *. [W]e cannot find that the Commission’s decision was arbitrary, capricious or unsupported by substantial evidence.” Mc-Clatchy Broadcasting Co. v. F. C. C., 1956, 99 U.S.App.D.C. 195, 199, 239 F.2d 15, 19, certiorari denied Sacramento Telecasters, Inc., v. McClatchy Broadcasting Co., 1957, 353 U.S. 918, 77 S.Ct. 662, 1 L.Ed.2d 665.

Affirmed.

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Bluebook (online)

295 F.2d 135, 111 U.S. App. D.C. 148, 1961 U.S. App. LEXIS 4685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-mckean-db-as-business-and-professional-telephone-exchanges-v-cadc-1961.

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