Ralph Ilowite v. United States of America and the Federal Communications Commission

FREEDMAN, Circuit Judge

(concurring).

I concur in the affirmance of the order of the Commission. The dissent by Judge Washington in Borrow v. Federal Communications Commission, 109 U.S.App.D.C. 224, 285 F.2d 666 (1960), cert. denied, 364 U.S. 892, 81 S.Ct. 223, 5 L.Ed. 188, is a powerful one, but until the Supreme Court indicates that the majority opinion in that case which has since been followed consistently in the District of Columbia Circuit is erroneous, I believe that our Circuit should follow it.