Wben, Inc. v. Federal Communications Commission, Monocacy Broadcasting Company, Intervenor

BAZELON, Circuit Judge.

Our intervenor, Monocaey Broadcasting Company, licensed to operate radio station WFMD in Frederick, Maryland, on 930 kc with 1 kw day and night, filed an application to increase its daytime authorization to 5 kw. Our appellant, licensed to operate station WBEN at Buffalo, New York, on the same frequen cy with 5 kw power, unlimited time, requested that the application be designated for hearing under § 316 of the Federal Communications Act. 1 It alleged that such a grant would constitute a modification of its license because § 3.87(a) of the Commission’s rules and…