U.S. Court of Appeals for the D.C. Circuit, 1958

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

U.S. Court of Appeals for the D.C. Circuit · Decided May 22, 1958 · Miller, Bazelon, Danaher

255 F.2d 898; 103 U.S. App. D.C. 146; 1958 U.S. App. LEXIS 4273; 1958 WL 95255 (Federal Reporter, Second Series)

Counsel

Mr. Theodore Baron, Washington, D. C., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of Court, for petitioner. Mr. Arthur W. Scharfeld, Washington, D. C., on the brief., Mr. James T. Brennan, Counsel, Federal Communications Commission, Washington, D. C., with whom Messrs. Edgar W. Holtz, Acting General Counsel, Federal Communications Commission, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, and Daniel M. Friedman, Attorney, Department of Justice, Washington, D. C., were on the brief, for respondents., Mr. Warren E. Baker, General Counsel, Federal Communications Commission, Washington, D. C., also entered an appearance for respondent Federal Communications Commission., Mr. James E. Greeley, Washington, D. C., with whom Messrs. Richard N. Beaty, Port Chester, N. Y., and Lawrence W. Keepnews, No. Pelham, N. Y., were on the brief, for 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

*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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