Multi-State Communications, Inc. v. Federal Communications Commission, Rko General, Inc., Intervenor

I would remand the case for consideration of a second financial commitment presented to the FCC by Multi-State in May, 1977. Although produced late in the proceeding, the second commitment was submitted before the Commission’s order was final.1 This court has recognized that such late presentations, when changing a “core” circumstance of the case and when supported by equitable considerations, can be accepted by the FCC without disturbing the value of administrative finality.2 A second commitment would clearly affect the core circumstances of the case. Moreover, the issues raised by…