Wste-Tv, Inc. v. Federal Communications Commission, Puerto Rico Broadcasting, Inc., Invervenor

TAMM, Circuit Judge:

Appellant, WSTE-TV, Inc. (WSTE) applied to the Federal Communications Commission (Commission) in 1967 for modification of its existing construction permit for Channel 13 in Fajardo, Puerto Rico. The application requested authorization for location of a proposed transmitter in Jimenez, Puerto Rico, rather than in Sardinera Barrio, as previously authorized. The Commission’s Hearing Examiner initially decided that the site change of the proposed transmitter would violate section 73.685(b) of the Commission’s rules, 1 because predicted “shadowing” in Fajardo would increase…