Court Upholds FCC's Decision In Buffalo-Area NCE FM Grant
January 21, 2015 at 3:47 AM (PT)
A three-judge panel of the U.S. Court of Appeals for the DISTRICT OF COLUMBIA Circuit has upheld the FCC's decision awarding a noncommercial educational FM in the BUFFALO area to HOLY FAMILY COMMUNICATIONS over MARY V. HARRIS FOUNDATION, rejecting the appeal of the latter.
MVH had challenged the weight given by the Commission in its comparative selection process to an applicant’s plan to broadcast to underserved populations, the Fair Distribution Rule, which it said either violated the Communications Act of 1934 or was arbitrary and capricious.
The court, in an opinion by Senior Circuit Judge DOUGLAS H. GINSBURG, held, "Because the disputed criterion is part of a reasonable framework for achieving goals consistent with the Commission’s statutory mandate, and because MVH offers no support for a waiver except that it came close to the threshold it needed to get the license, we affirm the decision of the Commission."