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FREE AIR CORPORATION v. F.C.C.

No. 96-1311.

130 F.3d 447 (1997)

FREE AIR CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, James S. Lee, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1997.

Attorney(s) appearing for the Case

Stephen T. Yelverton argued the cause and filed the briefs for appellant.

David Silberman, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were William E. Kennard, General Counsel, and Daniel M. Armstrong, Associate General Counsel.

Before: SILBERMAN, WILLIAMS and ROGERS, Circuit Judges.

STEPHEN F. WILLIAMS, Circuit Judge:

Free Air Corporation, Bernard Dawson, and thirteen others applied to the Federal Communications Commission for an FM radio broadcast license in Raleigh, North Carolina. In 1995 Free Air's application was dismissed with prejudice for failure to prosecute, a dismissal which Free Air appealed through the judicial system without success. Meanwhile, the field having been winnowed to five applicants, those five entered into settlement...

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