Wheeling Antenna Company, Inc. v. United States of America and Federal Communications Commission, Wtrf-Tv, Inc., Intervenor

ALBERT V. BRYAN, Circuit Judge:

The operator at Wheeling, West Virginia of a community antenna television system (CATV) 1 , Wheeling Antenna Company, Inc. (WACO) was refused by the Federal Communications Commission a waiver of section 74.1103(e) of its rules 2 , forbidding the company to carry from other television stations a duplication of any program which on the same day is propagated by the Wheeling station, WTRF-TV. 3 On WACO’s petition for review here, 4 we uphold the order.

The rule sought to be waived reads as follows:

“(e) Stations entitled to program exclusivity.

Any such [CATV] system…