ADX COMMUNICATIONS OF PENSACOLA v. F.C.C.

No. 14-1131.

794 F.3d 74 (2015)

ADX COMMUNICATIONS OF PENSACOLA and ADX Communications of Escambia, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. 6 Johnson Road Licenses, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2015.


Attorney(s) appearing for the Case

Dan J. Alpert , argued the cause and filed the briefs for appellants.

James M. Carr , Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Jonathan B. Sallet , General Counsel, David M. Gossett , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Pamela L. Smith , Counsel, and Jacob M. Lewis , Associate General Counsel, entered appearances.

David D. Oxenford , Lawrence M. Miller , Lewis J. Paper , and Victoria N. Lynch were on the joint brief for intervenors.

Opinion for the Court filed by Circuit Judge ROGERS.


ADX Communications ("ADX") unsuccessfully petitioned the Federal Communications Commission to deny the assignment to a competitor of several radio licenses in the Pensacola, Florida, and Mobile, Alabama, markets. On appeal, ADX contends that, in applying the statutory caps on ownership of radio stations, the Commission should...

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