Case Resources
Search this Case
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Justia Research Resources
Justia.com
Supreme Court Center
US Regulation Tracker
US District Court Opinions
Federal District Court Civil Case Filings
Legal Blog Search
Legal Podcast Search
USA Constitution Annotated
Online Research Resources
Cornell LII
Cornell Wex Dictionary & Encyclopedia
LLRX.com - Legal Research
Expert Witness Directory
Nolo Consumer & Business
US Court Forms
WashLaw Directory
World LII
Cases Provided By
Creative Commons
public.resource.org
J. Warren Berwick, Harold Knox, R. B. Mccall, Jr., and Louisiana National Bank of Baton Rouge, Executor of Estate of C. W. Lamar, Jr., D/b/a Ktag Associates, Appellant, v. Federal Communications Commission, Appellee,texas Goldcoast Television, Inc., Intervenor
United States Court of Appeals District of Columbia Circuit. - 286 F.2d 97
Argued November 4, 1960 Decided November 23, 1960
Mr. Robert W. Coll, with whom Messrs. James A. McKenna, Jr., Vernon L. Wilkinson and Joseph M. Kittner, Washington, D. C., were on the brief, for appellant.
Mr. Max D. Paglin, Asst. General Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, General Counsel, Federal Communications Commission, and Joel Rosenbloom, Counsel, Federal Communications Commission, were on the brief, for appellee.
Mr. John E. Stephen, Washington, D. C., for intervenor.
Before WILBUR K. MILLER, Chief Judge, and EDGERTON and BAZELON, Circuit Judges.
PER CURIAM.
The Federal Communications Commission granted, without a hearing, intervenor's application to modify its license. When a grant has been so made it remains subject to protest for a 30-day period, during which "any party in interest may file a protest under oath directed to such grant and request a hearing on said application so granted." 48 Stat. 1085, 47 U.S.C. § 309(c).1 Appellant filed a protest within 30 days, but it was incomplete because not under oath. After the 30-day period had expired, appellant sought to amend his protest by adding the oath. The Commission dismissed the protest, saying it "does not comply with the statutory requirements of Section 309(c) of the Act."
In another case the Commission had previously permitted the substitution, after the 30-day period had expired, of a properly executed affidavit for one not properly executed. Connecticut Water Co. v. Wooldridge Bros., Inc., released June 5, 1958; 17 Pike & Fischer Radio Regulation 349. We think the Commission may, in its discretion, permit the proposed correction of the protest in the present case. Cf. City Cabs, Inc. v. Federal Communications Commission, 107 U.S.App.D.C. 136, 137, 275 F.2d 165, 166; Johnston Broadcasting Co. v. Federal Communications Commission, 85 U.S. App.D.C. 40, 175 F.2d 351.
Reversed.
47 U.S.C.A. § 309(c)