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WAIT Radio v. Federal Communications Commission

418 F.2d 1153 (1969)

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WAIT Radio v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
418 F.2d 1153 (1969)

DD

Facts

WAIT Radio (WAIT) (plaintiff) operated a Chicago AM radio station on a frequency designated as a clear channel. Under the Federal Communications Commission (FCC) (defendant) clear-channel rules, WAIT was not permitted to operate during the evening. As a result, WAIT operated on a sunrise to sunset basis. But WAIT wanted to broadcast during the evening, so it filed an application requesting a waiver of the clear-channel rules. WAIT argued that its broadcasting during the evening would not conflict with the policy underlying the clear-channel rules. The FCC rejected WAIT’s request. In rejecting the request, the FCC stated that without a waiver, broadcasting during the evening would be a violation of the FCC’s rules. WAIT appealed.

Rule of Law

Issue

Holding and Reasoning (Leventhal, J.)

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