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KAY v. F.C.C.

Nos. 03-1072, 05-1290.

525 F.3d 1277 (2008)

James A. KAY, Jr., Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2008.

Attorney(s) appearing for the Case

Robert J. Keller argued the cause and filed the briefs for appellant.

Pamela L. Smith, Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief were Matthew B. Berry, General Counsel, Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel. Gregory M. Christopher and Roberta L. Cook, Counsel, entered appearances.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

In 1991, the Federal Communications Commission granted a five-year, private land mobile radio station license to Francisco Padilla. That same year, it granted a similar five-year license to Vince Cordaro. James Kay reached agreements with Padilla and Cordaro for them to assign their licenses to him. Kay then filed assignment applications with the Commission. But Padilla and Cordaro did not apply...

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