United States DC Circuit

In an FCC auction for an FM broadcast construction permit, denial of plaintiff-winning bidder's request for a waiver of the payment deadline is affirmed where defendant adequately considered plaintiff's arguments and applied its waiver policy consistently.

Appellate Information

• Decided 11/05/2004
• Published 11/05/2004

Judges

• Before:  SENTELLE, TATEL and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stuart W. Nolan, Jr. argued the cause for appellant.   With him on the briefs were Barry D. Wood and Ronald D. Maines., Lauren A. Colby was on the brief for intervenor.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for appellee.   On the brief were John A. Rogovin, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Louis E. Peraertz, Special Counsel.