Anibal Sotomayor v. Federal Communications Commission, Family Broadcasting Group, Marsona Broadcasting Corporation, Intervenor

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Aníbal Sotomayor applied to the FCC for a license to construct the first radio station to serve Adjuntas, Puerto Rico. He sought to compete under the Commission’s fifteen-mile rule, 47 C.F.R. § 73.203(b), with other applicants for the use of a channel assigned to the nearby city of Ponce. That rule permits persons proposing to operate in communities not listed in the FCC Table of Assignments to apply for the use of channels assigned to listed communities within fifteen miles. The staff rejected Sotoma-yor’s application…