Northampton Media Associates v. Federal Communications Commission, Cutter Broadcasting, Inc., Intervenor

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Northampton Media Associates (“NMA”) asserts that the Federal Communications Commission should have rejected Cutter Broadcasting, Inc.’s application for a broadcast station construction permit because Cutter did not have documentation on hand to support its certification that it was financially qualified. The FCC replies that under the procedures then in effect, prior documentation was not required. Although the Commission failed to explain its departure from FCC precedents that support NMA’s position, we affirm…