1 Explanatory note: These decisions were selected because of their pertinence to the functions of the Federal Communications Commission, and are printed herewith solely for the convenience of the users of this Report. These decisions were rendered between July 11, 1934, and March 1, 1937. Future volumes of the Commission's Reports will print similar decisions rendered during the period covered by a particular report. 749 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF No. 6260 1 MAGNOLIA PETROLEUM COMPANY AND SABINE BROADCASTING COMPANY, INC., APPELLANTS v. FEDERAL COMMUNICATIONS COMMISSION Appeal from the Federal Communications Commission (Argued January 7, 1935. Decided February 25, 1935) Geo. E. Elliott, of Washington, D. C., for appellants. George B. Porter, Fanney Neyman, and Paul D. P. Spearman, all of Washington, D. C., for appellee. Before Martin, Chief Justice, and Robb, Van Orsdel, Hitz, and Groner, Associate Justices. MARTIN, Chief Justice: This appeal relates to certain concurrent orders made by the Federal Radio Commission (now the Federal Communications Commission) in June 1934, affecting broadcasting stations KRGV and KWWG, located in the State of Texas. It appears that station KRGV, Inc., located at Harlingen, Texas, was licensed to operate upon the frequency of 1260 kilocycles, unlimited time, with power output of 500 watts, while station KWWG, Frank P. Jackson, owner, located at Brownsville, Texas, was licensed to operate unlimited time with the same frequency and power, the two stations sharing time equally with one another. In August 1933 violent storms visited that part of Texas and station KWWG suffered so severely from them that with permission from the Radio Commission it suspended operations and for a time. was silent. Thereupon station KRGV applied to the Radio Commission for a modification of its license, permitting it to operate unlimited time without change of frequency or power and without sharing time with KWWG as theretofore. 1 Reported in 60 App. D. C. 21; 46 F. (2d) 602. 31159-38-vol. 3- -48 |