United States Supreme Court Cases & Opinions

U.S. Supreme Court

FCC v. Sanders Brothers Radio Station, 309 U.S. 470 (1940)

Federal Communications Commission v. Sanders Brothers Radio Station

No. 499

Argued February 9, 1940

Decided March 25, 1940

309 U.S. 470

Syllabus

1. A fundamental question as to the function and powers of the Federal Communications Commission was raised in this case and, on the record, is open here. P. 309 U. S. 473.

2. Resulting economic injury to a rival station is not, in and of itself, and apart from considerations of public convenience, interest, or necessity, an element which the Federal Communications Commission must weigh, and as to which it must make findings, in passing on an application for a broadcasting license. P. 309 U. S. 473.

3. A licensee of a broadcasting station, over whose objection -- of economic injury to his station -- the Communications Commission granted a permit for the erection of a rival station, is, under § 402(b)(2) of the Act, a "person aggrieved or whose interests are adversely affected" by the decision of the Commission, and entitled to appeal therefrom. P. 309 U. S. 476.

4. An order of the Communications Commission granting a permit to erect a broadcasting station held supported by the findings. P. 309 U. S. 477.

5. The conclusion of the appellate court that the Communications Commission had not used as evidence certain data and reports in its file which an intervening party had been denied an opportunity to inspect accepted here. P. 309 U. S. 478.

70 App.D.C. 297, 106 F.2d 321, reversed.

Certiorari, 308 U.S. 546, to review a judgment which set aside an order of the Federal Communications Commission granting a permit to erect a broadcasting station.

Page 309 U. S. 471