Wednesday, February 8, 2023 | Back issues
Courthouse News Service Courthouse News Service

Court Nixes Broadcaster’s Claim Against the FCC

(CN) - The Federal Circuit said it lacked jurisdiction to consider a broadcasting company's claim that the Federal Communications Commission violated the rules of an auction for an FM broadcast license.

Biltmore Forest Broadcasting FM was narrowly beat by Liberty Productions in an FCC auction for a broadcast license in Biltmore Forest, N.C.

Biltmore Forest claimed Liberty failed to submit a family media certification before the auction, which requires a company to report the broadcast interests of all immediate family members.

Although Liberty Productions filed its certification within a month of the auction, Biltmore Forest insisted that the late filing violated the FCC's auction rules, and that Liberty should have been disqualified. Biltmore Forest was the second-highest bidder.

The U.S. Court of Federal Claims granted the government's motion to dismiss for lack of subject-matter jurisdiction.

The federal appeals court in Washington, D.C., affirmed.

"[T]he District of Columbia Circuit has exclusive jurisdiction to determine the alleged rules violation," Judge Dyk concluded.

Read the Top 8

Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.