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HOVEL OPINION HELD BY WHEAT
A decision that may have far-reaching importance has been rendered by Chief Justice Wheat of the Supreme Court of the District of Columbia in the case of Station WFBR, owned and operated by The Baltimore Radio Show, Inc. , vs. Federal Radio Commission and Station WCBM, owned and operated by the Baltimore Broadcasting Corporation.
The particular novelty in this decision rests in the fact that the Court found increased interference from another sta¬ tion was a revocation of a broadcasting license pro tanto, which entitled an aggrieved station to citation and hearing under the Radio Act of 1937.
In the most recent report of the American Bar Associa¬ tion, the Committee on Radio Law pointed out that the Act of 1927 afforded no relief to a station where the Commission changed the frequency of some other station so as to create increased inter¬ ference, and thus reduce its radio audience.
The present instance presented a very clear cut case.
WCBM, 1370 kilocycles with a power of 250 watts day and 100 watts night, is located in the heart of the City of Baltimore; the complaining station, WFBR, 1270 kilocycles, power 250 watts, is located four miles out of town. With a separation of 100 kilo¬ cycles programs of both stations could be readily received through¬ out the city.
Because of alleged interference from Station WELK, of Philadelphia, operating on 1370 kilocycles, 100 watts, ninety miles distant, Station WCBM applied for assignment of 1210 kilocycles.
This frequency was 60 kilocycles removed from the frequency of the complaining station WCBM and the Commission did not notify them of the hearing, or give them an opportunity to be heard.
Previous experience with Station WBAL had demonstrated that the Baltimore area required more than a 60 kilocycle separation for good reception, hence Station WFBR immediately protested to the • Federal Radio Commission and within a few hours thereafter filed a bill to enjoin the Commission from issuing the order. After service of the papers the Commission, nevertheless, proceeded to issue the order, and Station WCBM immediately went on the assigned frequency of 1210 kilocycles.
Upon application of the Radio Show station, Judge Soper of the United States District Court of Baltimore issued a restrain¬ ing order which prohibited WCBM from broadcasting on any frequency save its former channel pending a hearing before the District of Columbia Supreme Court. Thereupon the Commission gave the defendant station a temporary license on 1370 kilocycles.
Chief Justice Wheat then issued a restraining order pre¬ venting the reassignment of WCBM from becoming effective until a hearing of WFBR’s complaints be heard before the Radio Commission,