The Citizens Committee to Keep Progressive Rock v. Federal Communications Commission, Midwestern Broadcasting Company, Intervenor

TAMM, Circuit Judge:

Appellant, a citizens committee organized to contest the assignment of radio station WGLN (FM), Sylvania, Ohio, from Twin States Broadcasting, Inc., to Midwestern Broadcasting Corp., brings this appeal from an order of the Federal Communications Commission [hereinafter “Commission”] affirming a prior grant of the assignment application. The primary issue 1 raised by appellant concerns the statutory requirement for a hearing whenever “substantial and material question [s] of fact” are raised regarding the application. 47 U.S.C. § 309(e) (1970). Contrary to the Commission’s…