Legal Opinion · Concurrence
Cosmopolitan Broadcasting Corp. v. Federal Communications Commission
Court of Appeals for the D.C. Circuit
Decided May 31, 1978No. Nos. 76-2019, 76-2020, 76-2033 and 76-2034PublishedCited by 2 opinions
1ConcurrenceOpinion for the Court filed by Bazelon, Circuit Judge
BAZELON, Circuit Judge:
Citing numerous technical violations and a virtual abandonment of licensee responsibility, the Federal Communications Commission (FCC) denied the 1969 application of Cosmopolitan Broadcasting Corporation for a renewal of its licenses to operate station WHBI (FM). Cosmopolitan appeals, arguing that the Commission’s decision was arbitrary and capricious and not the product of the “reasoned decision making” required by Columbia Broadcasting System, Inc. v. FCC, 147 U.S.App.D.C. 175, 182-83, 454 F.2d 1018, 1025-26 (1971).
I. BACKGROUND
Cosmopolitan has owned and operated…
2Cases cited15 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Greater Boston Television Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1970
- National Labor Relations Board v. Local Union No. 103, International Ass'n of Bridge, Structural & Ornamental Iron WorkersSupreme Court of the United States · 1978
- Ethyl Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976
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3Cited by2 opinions
- American Cyanamid Company v. Food and Drug Administration and Joseph A. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1979
- Cosmopolitan Broadcasting Corporation v. Federal Communications Commission, American Civil Liberties Union of New Jersey, Cosmopolitan Broadcasting Corporation v. Federal Communications Commission, the Croatian National Congress, Bulgarian American League, Japaneseamerican Assn. Of New York, Inc., Federation of Lithuanian Women's Clubs,congress of Portuguese People, Yugoslav Consolidated Benevolent Assn. And Iranclub, Intervenors. Columbian Lawyers Association v. Federal Communications Commission, Hungarian Freedom Fighters Federation v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1978