ADX Communications v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

ADX Communications (“ADX”) unsuccessfully petitioned the Federal Communications Commission to deny the assignment to a competitor of several radio licenses in the Pensacola, Florida, and Mobile, Alabama, markets. On appeal, ADX contends that, in applying the statutory caps on ownership of radio stations, the Commission should not have used its normal market definition methodology because of unique aspects of the Pensacola and Mobile markets. Alternatively, it contends the Commission should have applied the two-year…