Thursday, May 23, 2013

JEM Broadcasting Co. Inc. v. FCC case brief

JEM Broadcasting Co. Inc. v. FCC case brief
22 F.3d 320, 306 U.S. App. D.C. 11 (D.C. Cir. 1994)

CASE SYNOPSIS: Pursuant to its "hard look" processing rules, respondent Federal Communications Commission (FCC) dismissed petitioner broadcasting company's license application without affording the broadcasting company an opportunity to correct the error in its license application. The broadcasting company sought review of the FCC's summary dismissal of its application.

FACTS: The broadcasting company challenged the summary dismissal by the Federal Communications Commission (FCC) of its license application for a new FM station. The corporation claimed that the FCC's "hard look" rules were promulgated without notice and comment in violation of the Administrative Procedure Act (APA), 5 U.S.C.S. § 553, that it was entitled to a hearing on its application under the Communications Act of 1934, 47 U.S.C.S. §§ 309(d)-(e), and that the FCC's summary dismissal deprived it of due process under U.S. Const. amend. V. The court rejected the broadcasting company's claims. According to the court, the broadcasting company's challenge to the "hard look" rules was untimely under the Hobbs Act, 28 U.S.C.S. § 2344, and, in any event, the "hard look" rules were procedural in nature and were exempt from the general notice and comment requirements of § 533 of the APA. Also, the FCC was not required to hold a hearing before dismissing the broadcasting company's application, which failed to comply with the FCC's rules. The court found that the broadcasting company had clear and explicit notice of the consequences of failing to include the specified data in its application.

CONCLUSION: The court denied the broadcasting company's petition for review of the order of the Federal Communications Commission.

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