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· 6/16/1994

Jem Broadcasting Company, Inc. v. Federal Communications Commission, Gayla Joy Hendren, Intervenor

Citations

  • 22 F.3d 320
  • 306 U.S. App. D.C. 11

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the FCC’s “hard look” rules were procedural, even though they limited the ability of FCC license applicants to amend their applications
  • holding that any person or entity within the class affected by the FCC’s “hard look” rules, that is, actual or potential license applicants, had standing to challenge the rules as illegally promulgated
  • acknowledging that the APA statutory limitation on petitions for review are jurisdictional in nature and reflect the high value placed on finality in administrative processes
  • finding that a rule dismissing incomplete applications without opportunity to amend was procedural
  • disavowing the Air Transport majority’s reasoning and noting the majority is no longer binding precedent
  • upholding the FCC’s adoption of “hard look” rules regarding review of broadcast license applications without public notice-and-comment as rules that “fall comfortably within the realm of the ‘procedural’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edwards, Mikva, Silberman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.