California Citizens Band Accociation, Incorporated, a Corporation v. United States of America and Federal Communications Commission

Good Law
375 F.2d 43
United States Court of Appeals for the Ninth CircuitApril 21, 196720030California6,720 words

Opinion

Opinion

Hamley, J.

This is a proceeding to review two orders of the Federal Communications Commission (Commission) affecting Class D radio stations in the Citizens Radio Service. Petitioner, California Citizens Band Association, Incorporated, is a non-profit California corporation. All of its members are Citizens Band Radio Clubs. The membership of each such club consists of radio station licensees, duly licensed by the Commission to hold station licenses in the Class D Citizens Radio Service.

In one of the orders under review, released July 29, 1964 ( 29 FR 11099 ), the Commission adopted certain amendments to Part 19 (now Part 95) of the Commission’s rules. In the other order, released on March 1, 1965 ( 30 FR 2706 ), the Commission, on reconsideration, adhered to its earlier determination. Both orders deal with the promulgation of rules affecting the Citizens Radio Service. The rules in question pertain, for the most part, to the kind of messages that may be transmitted, the frequencies that may be used, and the length of silent intervals between transmissions.

The Citizens Radio Service originated in 1945 when the Commission,- after extensive inquiries and hearings, allocated a portion of the…

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