James S. Rivers, Inc., (Wjaz) v. Federal Communications Commission

McGOWAN, Circuit Judge:

Before us for review is a decision by the Federal Communications Commis*195sion1 to deny petitioner’s request for authority to operate its existing daytime AM radio station (WJAZ) in Albany, Georgia, at night as well. This determination was reached after full hearing, and no procedural issues are pressed upon us by petitioner. The controversy turns upon the question of whether the Commission acted arbitrarily and beyond the bounds of its discretion in refusing to waive a conceded conflict between the authority sought and the Commission’s so-called 10 per cent rule. 47…