Fcc v. Allentown Broadcasting Corp., 349 U.S. 358 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fcc v. Allentown Broadcasting Corp., 349 U.S. 358 (1955)
Federal Communications Commission v. Allentown Broadcasting Corp. No. 451 Argued April 20-21, 1955 Decided June 6, 1955 349 U.S. 358
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
1. The Federal Communications Commission, in considering two mutually exclusive applications for radio broadcasting stations in different communities, under § 307(b) of the Communications Act, may properly decide in favor of one applicant over the other on the basis of community need without first finding that the applicants are approximately equal in their ability to serve their respective communities. Pp. 360-362.
2. When mutually exclusive applicants seek authority to serve different communities, it is proper for the Commission to determine first which community has the greater need for additional services and then to determine which applicant can best serve that community’s need. Pp. 361-362.
3. The distribution of a second license to a community in order to secure local competition for originating programs of local interest and provide an additional organ for local self-expression is within the allowable area of the Commission’s discretion. P. 362.
4. There was substantial evidence to support the Commission’s decision in this case. Pp. 363-364.
5. An administrative agency’s overruling of an examiner’s findings based on the demeanor of a witness is not required to be supported by a "very substantial preponderance" in the evidence. P. 364.
6. The decision of the Court of Appeals reversing the order of the Federal Communications Commission in this case was erroneous in matters of law, and the case is remanded to that court for reconsideration of the record, but freed from rulings here declared erroneous. Pp. 364-365.
94 U.S.App.D.C. ___, ___ F.2d ___, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Fcc v. Allentown Broadcasting Corp., 349 U.S. 358 (1955) in 349 U.S. 358 349 U.S. 359. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=SEUCKGKDASAC7Y1.
MLA: U.S. Supreme Court. "Syllabus." Fcc v. Allentown Broadcasting Corp., 349 U.S. 358 (1955), in 349 U.S. 358, page 349 U.S. 359. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SEUCKGKDASAC7Y1.
Harvard: U.S. Supreme Court, 'Syllabus' in Fcc v. Allentown Broadcasting Corp., 349 U.S. 358 (1955). cited in 1955, 349 U.S. 358, pp.349 U.S. 359. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=SEUCKGKDASAC7Y1.
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