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

U.S. Court of Appeals for the D.C. Circuit April 27, 1961

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

111 U.S. App. D.C. 148; 1961 U.S. App. LEXIS 4685

Miller, Prettyman, Burger

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.

Reference

Full Case Name: Farrell McKEAN, D/B as Business and Professional Telephone Exchanges, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mobilfone, Inc., Intervenor
Cited By: 1 case
Status: Published