Legal Opinion

The Florida Institute of Technology v. Federal Communications Commission, (Two Cases)

Court of Appeals for the D.C. Circuit

Decided January 10, 1992No. 89-1187, 91-1167PublishedCited by 16 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Florida Institute of Technology (the Institute) appeals from orders of the Federal Communications Commission rejecting as untimely the Institute’s application for a construction permit for a new noncommercial educational FM (NCE FM) broadcast station and granting the mutually exclusive application of Palm Bay Public Radio, Inc. (Palm Bay). We affirm both orders.

I

A

In Ashbacker Radio Corp. v. FCC, 326 U.S. 327, 66 S.Ct. 148, 90 L.Ed. 108 (1945), the Supreme Court held that the FCC must afford a comparative…

2Cases cited9 opinions

  1. Ashbacker Radio Corp. v. Federal Communications CommissionSupreme Court of the United States · 1946
  2. Satellite Broadcasting Company, Inc. v. Federal Communications Commission, Associated Information Services Corporation, IntervenorCourt of Appeals for the D.C. Circuit · 1987
  3. Union of Concerned Scientists v. Atomic Energy Commission and United States of America, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1974
  4. Rochelle C. Salzer v. Federal Communications Commission, Garnerlynn Communications v. Federal Communications Commission, Metromedia, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1985
  5. Radio Athens, Inc., (Wath) v. Federal Communications Commission, Valley Broadcasting, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1968

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3Cited by16 opinions

  1. Miami Nation of Indians of Indiana, Inc. v. United States Department of the InteriorCourt of Appeals for the Seventh Circuit · 2001
  2. 21st Century Telesis Joint Venture and 21st Century Bidding Corporation v. Federal Communications Commission, Salmon Pcs, Llc, IntervenorCourt of Appeals for the D.C. Circuit · 2003
  3. PDK Labs Inc. v. RenoDistrict Court, District of Columbia · 2001
  4. Crawford v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2005
  5. McElroy Electronics Corporation v. Federal Communications Commission, Metro Mobile Cts of Phoenix, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1996

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