Price Broadcasters, Inc. v. Federal Communications Commission

I agree we should not substitute our judgment for that of the Commission on the policy question of whether the nighttime needs of approximately 500 people in the Gettysburg area outweigh the daytime needs of the larger and growing community of Frederick which has fewer existing services. Radio Cincinnati, Inc., v. F. C. C., 85 U.S.App.D.C. 292, 177 F.2d 92 (1949). Were there no more to the case than that I would concur. But I think we would not exceed our scope of review as an appellate court if we inquired whether the agency had applied the correct standards and considered the proper factors…