Berwick v. Federal Communications Commission
Berwick v. Federal Communications Commission
Opinion of the Court
The Federal Communications Commission granted, without a hearing, intervenor’s application to modify its license. When a grant has been so made it remains subject to protest for a 30-day period, during which “any party in interest may file a protest under oath directed to such grant and request a hearing on said application so granted.” 48 Stat. 1085, 47 U.S.C. § 309(c).
In another case the Commission had previously permitted the substitution, after the 30-day period had expired, of a properly executed affidavit for one not properly executed. Connecticut Water Co. v. Wooldridge Bros., Inc., released June 5, 1958; 17 Pike & Fischer Radio Regulation 349. We think the Commission may, in its discretion, permit the proposed correction of the protest in the present case. Cf. City Cabs, Inc. v. Federal Communications Commission, 107 U.S.App.D.C. 136, 137, 275 F.2d 165, 166; Johnston Broadcasting Co. v. Federal Communications Commission, 85 U.S.App.D.C. 40, 175 F.2d 351.
Reversed.
. 47 U.S.C.A. § 309(c).
Reference
- Full Case Name
- J. Warren BERWICK, Harold Knox, R. B. McCall, Jr., and Louisiana National Bank of Baton Rouge, of Estate of C. W. Lamar, Jr., d/b/a KTAG Associates v. FEDERAL COMMUNICATIONS COMMISSION, Texas Goldcoast Television, Inc., Intervenor
- Cited By
- 1 case
- Status
- Published