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Administrative Law Keyed to Koch
United States v. Storer Broadcasting Co.
Citation:
351 U.S. 192 (1956)Facts
The Federal Communications Commission amended its Multiple Ownership Rules in 1953, limiting any single entity to ownership of no more than seven standard radio stations, seven FM radio stations, and five television stations. The rules were designed to prevent concentration of control in broadcasting that might be contrary to the public interest. Storer Broadcasting Company, which already owned or controlled seven standard radio, five FM radio, and five television stations, challenged the rules. Storer argued that the rules violated the Communications Act’s requirement for a “full hearing” before denying an application, as they would automatically disqualify applications from entities exceeding the numerical limits without considering the specific circumstances. On the day the rules were adopted, the FCC dismissed Storer’s pending application for an additional television station in Miami based on the new rules. Storer also expressed concern that public acquisition of its voting stock could potentially violate the rules and result in license forfeiture.
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