Hearst Radio, Inc. v. Federal Communications Commission

PRETTYMAN, Associate Justice.

Appellant is the owner and duly licensed operator of radio station WBAL. It brought a civil action under the Administrative Procedure Act1 for a declaratory judgment2 and incidental relief. The Dis*226trict Court granted the defendant Commission’s motion to dismiss. This appeal is from that judgment.

Under date of March 7, 1946, the Commission published a report entitled “Public Service Responsibility of Broadcast Licensees”, commonly referred to as the “Blue Book”. In one section of that report it said, “In recent years, the purchase of an existing standard broadcast…