1929 · Washington
This is the brief of The Federal Radio Commission, the petitioner in the case.
The General Electric Company owned and was operating a broadcasting station at Schenectady, N. Y., when the Radio Act of 1927 went into effect. Thereafter it sought and obtained from the commission successive licenses under that act for the further operation of the station. The last license was issued November 1, 1927, for that calendar month and was prolonged until November 11, 1928, by successive short extensions.
January 14, 1928, the company made application for a renewal of that license. The application was not acted upon until October 12, 1928, and then the commission ordered that a license be not issued with terms like those of the existing license, but that one be issued with other terms much less advantageous to the company and the communities which it was serving; the chief change being a pronounced reduction in the admissible hours of service. The company regarded this order as a refusal of its application for a renewal of the existing license and prosecuted an appeal, under section 16 of the act of 1927 (47 USCA § 96), to the Court of Appeals of the District of Columbia. After a hearing that court found from the record returned by the commission that public convenience, interest, and necessity would be served by renewing the existing license without change in its terms, and on that basis held that such a renewal should be granted and that the proceeding should be remanded to the commission with a direction to carry the court's decision into effect. Costs were assessed against the commission. 58 App. D. C. 386, 31 F.(2d) 630. On the petition of the commission certiorari was then granted by this court 280 U. S. 537, 50 S. Ct. 20, 74 L. Ed. —.
Our jurisdiction to review the decision of the Court of Appeals is challenged. (Inventory #: 30682)