Fcc v. Radiofone, Inc., 516 U.S. 1301 (1995)

Federal Communications Commission v. Radiofone, Inc.


Decided October 25, 1995
516 U.S. 1301

ON APPLICATION TO VACATE STAY

Syllabus

The Federal Communications Commission’s application to vacate the Sixth Circuit’s stay preventing the FCC from taking any action in furtherance of a nationwide auction of a portion of the electromagnetic spectrum is granted. Allowing the auction to proceed will not defeat the Sixth Circuit’s power to grant appropriate relief in a pending challenge to FCC regulations that prevent respondent from bidding for 3 of the 493 licenses available. Moreover, the harm to the public caused by a nationwide postponement of the auction would outweigh the possible harm to respondent.