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Administrative Law Keyed to Cass
Ashbacker Radio Corp. v. Federal Communications Commission
Citation:
326 U.S. 327 (1945)Facts
In March 1944, Fetzer Broadcasting Company filed an application with the Federal Communications Commission for authority to construct a new broadcasting station at Grand Rapids, Michigan, to operate on 1230 kc with 250 watts power, unlimited time. In May 1944, before the Fetzer application had been acted upon, Ashbacker Radio Corp. filed an application for authority to change the operating frequency of its station WKBZ of Muskegon, Michigan, from 1490 kc to 1230 kc with the same power specifications. The Commission determined that simultaneous operation on 1230 kc at Grand Rapids and Muskegon would result in intolerable interference to both applicants and declared the applications mutually exclusive. In June 1944, the Commission granted the Fetzer application without a hearing and on the same day designated Ashbacker’s application for hearing. The Commission stated that Ashbacker would have opportunity to show its operation would better serve the public interest than Fetzer’s grant, but the hearing requirements effectively placed upon Ashbacker the impossible burden of proving no interference would result from simultaneous operation.
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