David E. Mackey v. United States of America and Federal Communications Commission, National Broadcasting Company, Inc., Intervenor
Cases that cite this one
6 later published cases cite this decision. The 4 that cite it most often are listed here.
- Rhode Island Television Corp. v. Federal Communications Commission (D.C. Cir. 1963)
- Action For Children's Television v. Federal Communications Commission (D.C. Cir. 1977)
- Action for Children's Television v. Federal Communications Commission (D.C. Cir. 1977)
- Springfield Television Broadcasting Corp. v. Federal Communications Commission (D.C. Cir. 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.