Tribune Co. v. Oak Leaves Broadcasting Station, Inc.
Circuit Court of Cook County, Illinois
68 Cong. Rec. 215, 69th Cong. (2d. Sess. 1926)
Relevant factsFree
The Tribune (plaintiff) had exclusively used a 302.8-meter wavelength since December 1925 without any interference until a competing station operated by Oak Leaves and others (defendants) shifted its own wavelength in September 1926 to within roughly 40-50 kilocycles, causing interference with the Tribune's broadcasts; the Tribune sought and obtained a temporary restraining order, which the broadcasters moved to dissolve, arguing wavelengths cannot be privately controlled and that sufficient separation existed.
IssueFree
Whether a broadcaster's prior use of and investment in a broadcasting wavelength provides the right to exclude competitors from that wavelength.