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Administrative Law Keyed to Schwartz
Reuters Ltd. V. FCC
Citation:
781 F.2d 946 (1986)Facts
Reuters applied for thirteen microwave radio station licenses which were accepted for filing and listed on Public Notice on August 12, 1983. On September 23, 1983, the FCC’s Private Radio Bureau approved all thirteen applications. On the same day, Associated submitted competing applications, but they were misfiled at the FCC’s Washington D.C. office instead of the required Gettysburg, Pennsylvania office. Associated’s applications were not effectively filed until September 28, 1983, five days after Reuters’ licenses were granted. The licenses issued to Reuters bore the effective date of September 23, 1983. Associated protested the grant, arguing that the Commission had represented in a rulemaking proceeding that a full sixty-day period for filing applications would be allowed. The FCC ultimately rescinded Reuters’ licenses based on “fairness” considerations, despite acknowledging that the licenses had been properly granted under its rules.
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