Press Communications LLC v. FCC, No. 16-1290 (D.C. Cir. 2017)Annotate this Case
The DC Circuit affirmed the FCC's order denying Press's application for review of the FCC Media Bureau's decision. The court held that FCC regulations, decisions, and practice support the Commission's contention that applications for minor modifications are subject to the spacing requirements articulated in 47 C.F.R. 73.207. Any nonconforming application requires a waiver of that rule, and Press failed to justify such waiver. Therefore, the FCC's Order was valid based on the failure of Press's proposed channel swap with Equity to comply with the applicable short spacing bar or establish its entitlement to a waiver of that bar. Because the short spacing defect was independently sufficient to support the order, the court did not reach Press's alternative argument.