Legal Opinion

Kessler v. Federal Communications Commission

Court of Appeals for the D.C. Circuit

Decided December 20, 1963No. Nos. 17363, 17369, 17379, 17415, 17420, 17421, 17423-17425, 17474, 17477-17483PublishedCited by 4 opinions

1Opinion of the Court

WASPIINGTON, Circuit Judge.

These cases challenge the action of the Federal Communications Commission in imposing a “freeze” on the acceptance of applications for most classes of standard radio broadcast stations, pending the adoption of new rules on the subject.

I

The “freeze” was announced by the Commission in a Report and Order issued on May 10, 1962, effective at the close of business on that day. The Order said, among other things, that the Commission intends “to issue a notice of proposed rule making” relating to possible revision of its rules governing AM broadcast assignments, which “are…

2Cases cited17 opinions

  1. Federal Communications Commission v. Sanders Bros. Radio StationSupreme Court of the United States · 1940
  2. United States v. Storer Broadcasting Co.Supreme Court of the United States · 1956
  3. Ashbacker Radio Corp. v. Federal Communications CommissionSupreme Court of the United States · 1946
  4. Functional Music, Inc. v. Federal Communications Commission, Functional Music, Inc. v. United States of America, Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1959
  5. Hotch v. United StatesCourt of Appeals for the Ninth Circuit · 1954

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3Cited by4 opinions

  1. Joseph J. Kessler, T/a Wbxm Broadcasting Company v. Federal Communications Commission, Thomas C. Fleet, Jr., D/B/A Fleet Enterprises v. Federal Communications Commission, Wfli, Inc., Intervenor. Robert A. Jones, D/B/A McHenry County Broadcasting Company v. Federal Communications Commission, Dupage County Broadcasting, Inc. v. Federal Communications Commission, Portage Broadcasting Corporation v. Federal Communications Commission, Frederick Eckardt, D/B/A Mansfield Broadcasting Company v. Federal Communications Commission, Cape Canaveral Broadcasters, Inc. v. Federal Communications Commission, Good Music Broadcasting Company v. Federal Communications Commission, Reuben B. Knight v. Federal Communications Commission, Reuben B. Knight v. Federal Communications Commission and United States of America, Cape Canaveral Broadcasters, Inc. v. Federal Communications Commission and United States of America, Good Music Broadcasting Company v. Federal Communications Commission and United States of America, Dupage County Broadcasting, Inc. v. Federal Communications Commission and United States of America, Thomas C. Fleet, Jr., D/B/A Fleet Enterprises v. Federal Communications Commission and United States of America, Robert A. Jones, D/B/A McHenry County Broadcasting Company v. Federal Communications Commission and United States of America, Portage Broadcasting Corporation v. Federal Communications Commission and United States of America, Frederick Eckardt, D/B/A Mansfield Broadcasting Company v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1963
  2. Commonwealth of Pennsylvania v. United StatesDistrict Court, M.D. Pennsylvania · 1973
  3. California ex rel. Department of Transportation v. United StatesUnited States Court of Claims · 1977
  4. Waste Management, Inc. v. United States Environmental Protection AgencyDistrict Court, District of Columbia · 1987

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