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JEM BROADCASTING CO., INC. v. F.C.C.

No. 93-1099.

22 F.3d 320 (1994)

JEM BROADCASTING COMPANY, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Gayla Joy Hendren, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1994.

As Corrected June 16, 1994.

Attorney(s) appearing for the Case

Roy F. Perkins, Jr., Washington, DC, argued the cause and filed the briefs for appellant.

Sue Ann Kanter, Counsel, Federal Communications Commission, Washington, DC, argued the cause for appellee. With her on the brief were Renee Licht, Acting Gen. Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate Gen. Counsel, Federal Communications Commission, Washington, DC.

On the brief for intervenor Gayla Joy Hendren was Julian P. Freret, Washington, DC.

Before: MIKVA, Chief Judge, EDWARDS and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In July 1988, appellant JEM Broadcasting Company, Inc. ("JEM") submitted a license application for a new FM station in Bella Vista, Arkansas. The Federal Communications Commission ("FCC" or "Commission") accepted JEM's application for filing, but determined upon further review that JEM had provided inconsistent geographic coordinates for its proposed transmitter...

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