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Administrative Law Keyed to Asimow
WAIT Radio v. Federal Communications Commission
Citation:
418 F.2d 1153 (1969)Facts
WAIT Radio operated a Chicago AM radio station on 820 kHz, one of the FCC’s designated “clear channels” that can only be used at night by specific stations broadcasting to “white areas” (sparsely populated regions with no local radio service). Due to “skywave contour” characteristics of nighttime radio signals, WAIT was restricted to sunrise-to-sunset operation to avoid interference with stations authorized for nighttime broadcasting on that frequency. WAIT filed an application requesting a waiver of clear channel rules, proposing to construct a directional antenna that would beam its signal away from white areas served by Texas stations WBAP and WFAA. WAIT supported its application with detailed engineering data demonstrating that its signal would not interfere with the serviceable contour of the Texas stations except in regions already receiving primary service from other stations. WAIT also argued that its programming of “good” music and forum discussions constituted a unique AM service in the Chicago area and that its fluctuating broadcast schedule disadvantaged its distinctive adult audience.
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