James R. Williams v. Federal Communications Commission

BASTIAN, Senior Circuit Judge:

This appeal is from a decision and orders of the Review Board of the Federal Communications Commission and the Commission itself which had the net effect of denying appellant’s application for a construction permit for a new Class II standard broadcast station in Anadarko, Oklahoma. The denial followed , the Commission’s refusal to waive the requirements of Section 73.28(d) of its rules, the so-called 10 per cent rule. 1

During the early pendency of appellant’s application, Olney Broadcasting Company had pending a mutually exclusive application for a new station…