Hudson Valley Broadcasting Corporation v. Federal Communications Commission, Dutchess County Broadcasting Corporation, Intervenor

J. SKELLY WRIGHT, Circuit Judge.

For many years the Federal Communications Commission has maintained a rule that commonly owned radio stations will not be licensed to serve the same area. 1 The Commission has described this rule as one of its “basic policies.” 2 In 1958 the Commission adopted the policy of encouraging all Class IV stations to increase transmitter power to a maximum of 1,000 watts. 3 It has termed implementation of this policy a “consideration overriding other considerations which would ordinarily be of decisional significance.” 4 This case arises out of a conflict between…