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The FCC has promulgated Multiple Ownership Rules regarding the ownership of broadcast stations. These rules provide that licenses for broadcasting stations will not be granted if the applicant has an interest in more than a limited number of stations. This purpose of the Multiple Ownership Rules is to avoid overconcentration of broadcasting facilities. Storer Broadcasting Co. (Storer) (plaintiff) applied for an additional television station in Miami, Florida. The application was denied because Storer had exceeded the maximum number of stations. Storer filed suit for review of the dismissal. Storer asked the court to vacate the Multiple Ownership Rules because the rules denied to an applicant who already owned the maximum number of stations a full and fair hearing on an application for an additional station, as required by Section 309 of the Federal Communications Act. The court of appeals agreed. The FCC appealed.
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