Kay v. FCC.

• Jurisdiction: United States
• Date: 01 November 2016
• Author: Pont, Brittany

KAY V. FCC

621 F. App'x 5 (D.C. Cir. 2016)

In Kay v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit denied a petition from James A. Kay, Jr. challenging an FCC order to reconfigure the 800 MHz spectrum band in order to reduce interference with public safety communication systems. This case explores whether a petitioner maintains standing to challenge an FCC Order reconfiguring the 800 MHz spectrum when he is the sole member of a limited liability company holding such licenses. The D.C. Circuit found that he cannot assert this challenge.

1. BACKGROUND

   An 800 MHz radio system is a combination of conventional two-way radio and computer-controlled transmitters. (2) Police, firefighters, and other public safety officials use portions of the band for communications, which is comprised of spectrum at 806-824 MHz paired with spectrum at 851-869 MHz. (3) In order to combat harmful interferences on these systems, in 2004 the FCC set forth a plan to reconfigure the band...