Opinion

Spanish International Broadcasting Company v. Federal Communications Commission, International Panorama Tv, Inc., Intervenor

  • 385 F.2d 615
Court
Court of Appeals for the D.C. Circuit
Filed
Jun 7, 1967
Status
Published
Author
Fahy
On the bench
III, Pkettyman, Fahy, Robinson
Cited by
47 cases

even the probability of an administrative denial of relief is not enough to excuse failure to exhaust on ground of futility

How later courts described this case

  • even the probability of an administrative denial of relief is not enough to excuse failure to exhaust on ground of futility

Written by the judges who cited it.

The opinion

FAHY, Circuit Judge

(concurring):

In concurring in the court’s opinion I add that in my view Spanish International Broadcasting Co., appellant, comes within the classification of “known parties in interest” entitled under 47 U.S.C. § 309 (e) to have participated in the hearing; but for the reasons set forth in the opinion of the court, based on appellant’s failure to initiate steps available to it to gain such participation in a reasonably timely fashion, I do not think the error of the Commission entitled appellant in the circumstances to the relief it seeks in this court.

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.

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