Helena Tv, Inc., a Montana Corporation v. Federal Communications Commission, an Executive Agency of the United States, and United States of America

Helena TV, Inc., a Montana corporation which has its principal place of business in the Ninth Judicial Circuit, having brought this proceeding to review an order of the Federal Communications Commission ; and it appearing that petitioner relies upon section 402(a) of the Communications Act, 47 U.S.C.A. § 402(a), as conferring jurisdiction upon this court to entertain the proceeding; and the Commission having moved to dismiss the proceeding for want of jurisdiction upon the ground that such a proceeding as this may be brought only under section 402 (b) of the act, 47 U.S.C.A. § 402(b), with…