Saginaw Broadcasting Co. v. Federal Communications Commission

96 F.2d 554 (D.C. Cir. 1938)


P filed an application for a permit to construct a radio station at a frequency of 1200 kilocycles with a power of 250 watts until local sunset and 100 watts at night. The hours of operation were to be those portions of the broadcast day not occupied by WMPC, a station already in operation on the same frequency. Harold F. Gross and Edmund C. Shields, the intervenors, filed an application for a permit to construct a station at 950 kilocycles with a power of 500 watts. Continuous operation was proposed during the day until local sunset; no broadcasts were to be made at night. A joint hearing was held before a trial examiner. The examiner recommended that P's application be granted and that that of the intervenors be denied. Oral argument was had before D on exceptions to the examiner's report. D refused to adopt the recommendation of the examiner and entered an order granting the application of the intervenors. The order contains no findings of fact, but states merely that 'D will issue and publish at a subsequent date an opinion setting forth a statement of the facts appearing of record and the grounds for the decision herein reached.' D filed the facts and P filed an application for rehearing. P was denied. P appealed and the intervenors filed notice of intention to intervene