This section contains the nature of the case and procedural background.

The CBS radio network comprised 123 stations of which eight were under the direct control of CBS. The remaining stations were under a network contract to broadcast a specified number of hours of network programming per week. The FCC had no authority over such network affiliations and then decided to act. In 1941, the FCC issued the Chain Broadcasting Regulations which provided for nonrenewal or cancellation of the license of any station having network affiliation contracts that prohibited a local station from carrying programs of another network or required stations to carry network programs except under narrowly specified conditions. Many of the provisions in existing contracts between CBS and its affiliates were proscribed by regulations. Under section 402(a) of the Federal Communications Act and the Urgent Deficiencies Act, CBS sought immediate review. CBS's (P) suit was dismissed for want of jurisdiction. P appealed.

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