Behr v. FCC.

• Jurisdiction: United States
• Date: 01 November 2016
• Author: Morgans, Melissa

BEHR V. FCC

638 F. App'x 1 (D.C. Cir. 2015)

In Behr v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit affirmed the FCC's order denying petitioner's request for an evidentiary hearing after partial approval of a license modification application under 47 C.F.R. [section] 1.110. (2) The FCC denied the request, arguing that it did not grant any application in part, but granted one application (3) and separately denied another. (4) The D.C. Circuit deferred to the FCC's judgment and affirmed the order.

1. BACKGROUND

   In 1993, Behr won an FCC lottery for a 220-222 MHz-Band broadcasting license5 which, due to an administrative error, Behr received in 1996. (6) The license required Behr to construct a base station within twelve months. (7) In June 2003, Behr filed an application to modify his license and attached a request for a waiver of a construction requirement asking for an extension from twelve months to five to ten years. (8) In November 2003, the Wireless Telecommunications Bureau denied the waiver request and granted the license modification application. (9)

   Under 47 C.F.R. [section] 1.110, (10) if the FCC, without a hearing, grants any application in part, the application is considered granted unless the applicant sends the FCC a written rejection of the grant within thirty days. (11) If the applicant does send in a written rejection within thirty days, the FCC must vacate the original action and send the application for a hearing. (12) Behr contended that his application was granted in part and then should have been sent to a hearing before the FCC under Section 1.110. (13) However, the FCC did not hold a hearing because it did not...