Leroy Garrett, Trading as Garrett Broadcasting Service (Weup) v. Federal Communications Commission

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This appeal emanates from the Federal Communications Commission’s denial of an application seeking authority to construct facilities enabling a radio station to change from daytime-only to unlimited-time broadcasting. The reason for the denial was the Commission’s view that the applicant was unable to fully comply with the Commission’s rule prescribing the minimum coverage of the city of license which the service applied for must provide. Among the questions tendered for our decision are whether, in holding that the rules intercepted the applicant,…