United States DC Circuit

An order dismissing plaintiff's assignment application for two radio station licenses that expired before the FCC could act on plaintiff's application is affirmed where the Administrative Procedure Act's extension of the expiration does not apply to plaintiff since the language of the statute mentions a "licensee" applying for "a renewal or a new license" and plaintiff is merely a potential assignee.

Appellate Information

• Argued 05/02/2008
• Decided 05/23/2008
• Published 05/23/2008

Judges

• Before:  TATEL, GARLAND and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert J. Keller argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Pamela L. Smith, Counsel, Federal Communications Commission, argued the cause for appellee.   With her on the brief were Matthew B. Berry, General Counsel, Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel.  Gregory M. Christopher and Roberta L. Cook, Counsel, entered appearances.