Industrial Broadcasting Company v. Federal Communications Commission, Wsm, Inc., Intervenor

Appellant, the licensee of a Class II AM radio station (KIKK) in Pasadena, Texas, brings this appeal from a decision of the Federal Communications Commission denying it a waiver of the so-called “pre-sunrise rules.”

This controversy stems from the natural phenomenon which causes radio waves to travel further distances at night than during the day, thereby interfering with the signals of local stations during the nighttime hours and depriving local listeners of high quality reception. The Commission has attempted to combat this disruptive situation by creating radio frequency allocation…