Legal Opinion · Dissent

Federal Communications Commission v. RCA Communications, Inc.

Supreme Court of the United States

Decided June 8, 1953No. 567Published

1DissentJustice Douglas

I agree with the Court that it is necessary under the Federal Communications Act to establish that the licensing of a competitive service offers a reasonable expectation of some beneficial effect, measured by the public interest. That was indeed the view of the Court of Appeals. But on this record the facts are that

—existing facilities are in excess of those required to handle present and expected traffic;

—the proposed operations will redistribute present traffic rather than generate new traffic;

—the proposed service will not lower rates nor speed up transmission nor improve the existing…

2Cases cited1 opinion

  1. Rca Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1953

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