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ALVIN LOU MEDIA, INC. v. F.C.C.

No. 08-1067.

571 F.3d 1 (2009)

ALVIN LOU MEDIA, INC., Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Dennis J. Kelly argued the cause and filed the briefs for appellant.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal involves the Federal Communications Commission's competitive auction procedures for granting construction permits and licenses for AM radio broadcast stations. In contrast to the procedures for comparative hearings, the Commission determined in 1998 to defer full technical reviews of applications until after the auction among mutually exclusive applications is conducted, and then to review only the winning bidder's application. Pre...

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