This section contains the nature of the case and procedural background.

In March 1944, Fetzer Broadcasting filed an application to construct a new broadcasting station in Michigan to operate at 1230 kc with 250 watts of power, unlimited time. In May 1944, Ashbacker (P) filed an application for authority to change the operating frequency of its station to 1230 kc unlimited time. The Commission after stating that simultaneous operation on 1230 kc at Grand Rapids and Muskegon would result in intolerable interference to both applicants declared them mutually exclusive. The Commission then granted the Fetzer application without a hearing. On that same day, the Commission designated P's application for hearing. P filed a petition for rehearing and other relief. That was denied.

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