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Administrative Law Keyed to Funk
JEM Broadcasting Company, Inc. v. Federal Communications Commission
Citation:
22 F.3d 320 (1994)Facts
In 1985, the FCC allotted 689 new commercial FM channels and anticipated a flood of license applications. To streamline the review process, the FCC implemented “hard look” rules that established a fixed filing window for applications and required “substantial completeness” without opportunity for correction. In July 1988, JEM Broadcasting submitted an application for a new FM station in Bella Vista, Arkansas. After initially accepting the application, the FCC discovered inconsistent geographic coordinates for JEM’s proposed transmitter site (86° 13′ 10″ in the application versus 36° 15′ 10″ on the map). Unable to resolve this discrepancy from the face of the application, the FCC dismissed JEM’s application. JEM acknowledged the error but argued that other information in its application allowed the staff to determine the correct site. The FCC denied JEM’s petitions for reconsideration, leading to this appeal.
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