United States Supreme Court Cases & Opinions

U.S. Supreme Court

FCC v. National Broadcasting Co., Inc., 319 U.S. 239 (1943)

Federal Communications Commission v. National Broadcasting Co., Inc.

No. 585

Argued April 8, 9, 1943

Decided May 17, 1943

319 U.S. 239

Syllabus

l. The proprietor of a broadcasting station whose license from the Federal Communications Commission entitles him to employ a specified frequency and a specified power and assigns to him a clear channel at night free from electrical interference is entitled under § 312(b) of the Federal Communications Commission Act to be made a party to a proceeding before the Commission looking to the granting of an application of another station operating upon the same frequency for an increase of power and for the right to operate at night, the effect of which may be by electrical interference to deprive the first licensee of his clear channel, thus modifying his license. P. 319 U. S. 243.

2. Error of the Federal Communications Commission in denying the first licensee the right to intervene in such proceedings was not cured by permission to file a brief and present oral argument. P. 319 U. S. 246.

3. In the situation above stated, the first licensee was entitled by § 402(b)(2) of the Act to appeal to the Court of Appeal for the District of Columbia from the action of the Commission in denying to him the right to intervene and from the order of the Commission granting the application to the other licensee. P. 319 U. S. 246.

132 F.2d 545 affirmed.

Certiorari, 317 U.S. 624, to review a judgment of the United States Court of Appeals for the District of Columbia reversing an order of the Federal Communications Commission.

Page 319 U. S. 240