Opinion

James S. Rivers, Inc., (Wjaz) v. Federal Communications Commission

  • 351 F.2d 194
Court
Court of Appeals for the D.C. Circuit
Filed
Nov 3, 1965
Status
Published
Author
Bazelon
On the bench
Bazelon, McGOWAN, McGowan, Tamm
Cited by
8 cases
Authority
More cited than 24.7%

The opinion

BAZELON, Chief Judge

(concurring) :

I concur in the opinion of the court. The Commission’s determinations concerning the “white” and “gray” areas are entitled to great weight since they require technical knowledge and expertise which the Commission possesses and we do not.

But on the question of discrimination in program content, the Commission’s expertise is at least no greater than ours and no question of regulatory policy is involved in deciding whether or not the facts presented constitute .discrimination. Also, we have no difficulty in analyzing the underlying facts as the court’s close scrutiny of the record on this issue clearly demonstrates. It follows that our scope of review here is correspondingly wider than it is on the “white” and “gray” area questions. S. E. C. v. Chenery Corp., 318 U.S. 80 , 63 S.Ct. 454 , 87 L.Ed. 626 (1943); Mitchell v. United States, 313 U.S. 80 , 61 S.Ct. 873 , 85 L.Ed. 1201 (1941); Henderson v. United States, 339 U.S. 816 , 70 S.Ct. 843 , 94 L.Ed. 1302 (1950). Nevertheless, the record does not support the claim of discrimination.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.