Ashbacker Radio Corp. v. Federal Communications Commission
United States Supreme Court
326 U.S. 327 (1945)
In March 1944, the Fetzer Broadcasting Company filed with the Federal Communications Commission (FCC) (defendant) an application for permission to construct a broadcasting station in Grand Rapids, Michigan to operate at 1230 kc with 250 watts power. In May 1944, before the FCC had decided Fetzer’s application, Ashbacker Radio Corp. (Ashbacker) (plaintiff) filed an application to change the frequency of its station WKBZ of Muskegon, Michigan from 1490 kc to 1230 kc. The FCC could not grant both applications because the broadcasts would have interfered with one another. In June 1944, the FCC granted Fetzer’s application without a hearing. That same day, the FCC designated Ashbacker’s application for a hearing, which it was entitled to have under § 309(a) of the Federal Communications Act. Ashbacker then filed a petition for hearing, rehearing and other relief against the Fetzer application, which the FCC denied.
Rule of Law
Holding and Reasoning (Douglas, J.)
Dissent (Frankfurter, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.