FCC Urges Court To Reject Request for Summary Reversal in Licensing Case
The FCC called on the U.S. Court of Appeals for the D.C. Circuit to reject a request for summary reversal from Lawrence Behr, who won an FCC private land mobile radio service license in a 1993 lottery and then saw…
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the FCC cancel the license when he failed to meet agency build-out requirements. “Appellant Behr has failed to demonstrate that this case is the rare circumstance in which summary reversal of an agency action is appropriate,” the FCC said in a brief in the case, posted by the FCC Monday. The principal issue in dispute is the FCC’s interpretation of a rule that allows a license applicant to demand a hearing in certain cases in which the FCC has partially or conditionally granted a radio license application, the FCC said. “The FCC’s determination that this rule did not apply in appellant’s case because it had fully granted his application to modify his license warrants deference, is consistent with agency and judicial precedent, and is plainly reasonable,” the brief said. The case is Lawrence Behr v. FCC.