Law v. FCC.

AuthorMorgans, Melissa
PositionRadio license grants

LAW V. FCC

627 F. App'x 1 (D.C. Cir. 2015), cert. denied, No. 16-311 (Oct. 17, 2016)

In Law v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit dismissed appellants' appeal from the FCC's granting of radio license applications. (2) The D.C. Circuit held, citing Rainbow/PUSH Coalition v. FCC, that there is no "automatic audience standing" for individuals who may be a part of a broadcaster's local audience. (3)

  1. BACKGROUND

    In 2012, following a bankruptcy action, (4) the FCC granted an application to assign two radio licenses for New York City radio stations. (5) After the grant, four New York City residents filed a petition under Section 309(d) of the Communications Act of 1934, (6) indicating the license application would negatively impact local black audiences (7) and contribute to the media's consolidation into the hands of the "corporate elite." (8) The FCC dismissed the petitioners' argument which asserted the license application would be contrary to the public interest under Section 309(d) (9) and denied to hear them on their Fifth Amendment claim. (10)

  2. ANALYSIS

    The D.C. Circuit held petitioners lacked standing to bring suit as members of a radio station's listening audience, holding that there is no "automatic audience standing." (11) Aside from being members of the listening audience of the radio station, the appellants did not provide affidavits or other evidence on behalf of the group to assert standing under Article III. (12) Given the lack of standing, the D.C. Circuit dismissed the case. (13)

  3. CONCLUSION

    As the D.C. Circuit decided Law on an issue of standing, (14) it did not address the pressing underlying issue involving the reduction of black-oriented broadcast programing in New York City. (15) Rather, the Court furthered the policy articulated in Rainbow/PUSH Coalition v. FCC that being a part of a radio station's listening audience does not affirm legal standing. (16) As a result, parties considering petitioning against FCC license applications should ensure they possess Article III standing, knowing the D.C. Circuit has reliably rejected the argument of audience standing. (17)

    by Melissa Morgans (*)

    (*) J.D. candidate, The George Washington University Law School, May 2017. Senior...

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