Eastern Carolinas Broadcasting Co. v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In 1983, this court affirmed in nearly all respects two separate orders of the Federal Communications Commission (“FCC” or “the Commission”) authorizing the construction of two “tall tower” television transmitters near Florence, South Carolina. We agreed with appellant Eastern Carolinas Broadcasting Corporation (doing business as WPDE), however, that the Commission had not adequately explained why the alleged cumulative impact on WPDE of the otherwise separate proposals did not warrant a hearing under the Communications Act…