Aeronautical Radio, Inc. v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Table of Contents

I. Introduction

II. Background

A. The Frequency Allocation Decisions

B. The Ownership and Financial Requirements Rules

III. Discussion

A. ARINC’s Challenges to the Rulemaking Proceeding

1. The Commission’s Rejection of AR-INC’s Application Without a Hearing

a. The Ashbacker Doctrine

b. The Dismissal of ARINC’s Application for Non-Compliance with the Commission’s Spectrum Allocation Rules

c. Notice Concerning the Scope of the MSS Cut-Off Date

2. The Commission’s Spectrum Allocation Rules

a. The Exclusion of APC from AMSS(R)

b.…