Hispanic Information & Telecommunications Network, Inc. v. Federal Communications Commission, Daytona Beach Community College, Intervenor

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

This case involves the allocation of franchises in the Instructional Fixed Television Service (“ITFS”). The appellant, Hispanic Information & Telecommunications Network (“HITN”), challenges an order of the Federal Communications Commission (“FCC” or “the Commission”), which dismissed HITN’s application and granted an ITFS permit to Daytona Beach Community College (“DBCC”). HITN contends that the Commission misapplied its own rules by granting an absolute preference to the local applicant; that it improperly failed to provide a…