Columbia Broadcasting System, Inc. v. United States, 316 U.S. 407 (1942)

Columbia Broadcasting System, Inc. v. United States

No. 1026

Argued May 1, 1942
Decided June 1, 1942
316 U.S. 407

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. To maintain a suit under § 402(a) of the Federal Communications Act of 1934, and the Urgent Deficiencies Act of October 22, 1913, 38 Stat. 219, 220, the action of the Commission sought to be set aside must be an "order," and the bill must state a cause of action in equity. P. 415.

2. Where regulations promulgated by order of the Federal Communications Commission, in the exercise of its rulemaking power, to govern its policy and action in the licensing of broadcasting stations, provide that there shall be no renewal of the license of stations whose contracts with a broadcasting network contain certain provisions proscribed by the Commission, and that such licenses may be revoked, which regulations, if valid, alter the contractual rights of the networks, a network organization whose business is so dependent upon the maintenance and renewal of such contracts that their cancellation, or the threat of it, will cause irreparable injury to its enterprise and property is entitled to a judicial review of the order and regulations whose validity is challenged, by a suit brought under § 402(a) of the Federal Communications Act of 1934, without awaiting action by the Commission for enforcement of the regulations against a station licensee. Pp. 416, 425.

44 F.Supp. 688 reversed.

Appeal from a decree of the District Court dismissing for want of jurisdiction a bill to set aside an order of the Federal Communications Commission.