Multi-State Communications, Inc. v. Federal Communications Commission, Rko General, Inc., Intervenor

TUTTLE, Senior Circuit Judge:

This is an appeal from an order of the Federal Communications Commission (FCC) denying the application of the petitioner, Multi-State Communications, Inc., to construct a commercial broadcast television station in New York City. The Commission found that the petitioner was not financially qualified, as required by § 308(b) of the Communications Act (47 U.S.C. § 308(b)), because it had not presented reasonable assurance that a $4 million bank loan would be available to finance construction and operation of the station.

Multi-State filed its application with the FCC…