Administrative Law Keyed to Lawson
JEM Broadcasting Co. Inc. v. FCC
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JEM submitted an application for a license for a new FM station and the FCC accepted it for filing. However, the FCC later found that JEM had provided inconsistent geographic coordinates for its proposed transmitter, and dismissed the application without providing JEM an opportunity to correct its error. Section:2344 of the Hobbs Act provides that any party aggrieved by a final agency order can file a petition to review the order within sixty days in the court of appeals where the venue lies. JEM challenged the “hard look” rules as in violation of the APA because the FCC had not given notice and an opportunity to comment. JEM conceded that the direct petitions for review were governed by the sixty-day period, but claimed that indirect attacks on a rule’s validity in the context of an adjudicatory proceeding were not so governed. Second, JEM urged that it couldn’t have petitioned for direct review of the “hard look” rules within the statutory period because it was not then an aggrieved party.
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