Ashbacker Radio Corp. v. Federal Communications Commission case brief

Ashbacker Radio Corp. v. Federal Communications Commission case brief summary
326 U.S. 327 (1945)

CASE SYNOPSIS

Petitioner radio company sought certiorari review of a decision of the United States Court of Appeals for the District of Columbia which dismissed the radio company's appeal of an order of respondent Federal Communications Commission (FCC) that dismissed the radio company's request for a hearing on the grant of a construction permit to another broadcaster.

CASE FACTS
The radio company filed a construction permit application after the broadcaster filed a construction permit application for the same frequency. The FCC granted the broadcaster's application without a hearing after declaring that the two applications were actually exclusive. The FCC then granted the radio company's request for a hearing on its application. The FCC denied the radio company's ensuing requests for a hearing against the grant of the broadcaster's application.

DISCUSSION

• The court reversed the appellate court's dismissal of the radio company's appeal of the FCC's decision. 
• The court held that by granting the broadcaster's application, the FCC placed a greater burden on the radio company than if it had held hearings on both applications; to acquire a permit, the radio company had to displace an established broadcaster and satisfy the burdens for revoking or modifying an outstanding license. 
• The radio company was adversely affected by the FCC's decision and had standing to appeal under the Federal Communications Act, 47 U.S.C.S. § 151.

OUTCOME

The order dismissing the radio company's appeal of the FCC's order denying the radio company's request for a hearing on the grant of a construction permit to another broadcaster was reversed.

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