Folkways Broadcasting Company, Inc. v. Federal Communications Commission, F. L. Crowder T/a Harriman Broadcasting Co., Intervenor

I respectfully dissent from those conclusions of my brethren upon which they reverse and remand this case to the Commission. Upon the record before us, I would affirm the Commission.

I

The majority opinion concludes that the Commission should have held a hearing on the trafficking issue. Trafficking, as a term of art in this context, denotes, essentially, the acquisition of broadcast licenses for resale rather than for operation. The practice of trafficking has consistently been regarded by the Commission as being contrary to the public interest. See amendment of Part 1 of the Commission’s…