ADX Communications v. FCC

ADX petitioned the FCC to deny the assignment to a competitor of several radio licenses in the Pensacola, Florida, and Mobile, Alabama, markets. The FCC denied the petition and ADX appealed, contending that, in applying the statutory caps on ownership of radio stations, the Commission should not have used its normal market definition methodology because of unique aspects of the Pensacola and Mobile markets. Alternatively, ADX contends that the Commission should have applied the two-year waiting period applicable to changes in market definition. Determining that ADX has Article III standing, the court affirmed the judgment because the Commission reasonably exercised its judgment in deciding not to deviate from the market definition methodology it adopted in 2003, and because its interpretation of the waiting period was consistent with the policy established in its prior order and not otherwise suspect. View "ADX Communications v. FCC" on Justia Law