Beloit Broadcasters, Inc. v. Federal Communications Commission

BURGER, Circuit Judge:

These appeals challenge the Federal Communications Commission’s action granting, without hearing, an authorization to Radio Thirteen-Eighty Inc. (RTEI) permitting operation on an interim basis of a broadcast station in St. Louis at 1380 kc and its denial of the competing application of Thirteen-Eighty Radio Corporation.

In 1963 the Commission revoked the license of the St. Louis station previously broadcasting on 1380 kc with 5 kw of power. Thereafter RTEI and Thirteen-Eighty Radio Corporation, among others, applied for interim authority to operate on this frequency in…