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Press Communications, LLC v. Federal Communications Commission

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-1290 · judgment November 21, 2017

Certiorari denied · April 16, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a petition filed soon after the judgment below, and a business petitioner.

Question presented

The Communications Act strictly limits broadcast licenses to eight year terms unless they have filed a license renewal application. These term limits permit periodic review of the performance of licensees and the disenfranchisement of licensees who fail to serve the public interest. The FCC has adopted a policy of extending license terms indefinitely by continuing to vest licensees with all of the rights of licensees until such time as the FCC affirmatively “cancels” the expired licenses. Can a Federal administrative agency circumvent a statutory licensing framework established by Congress by recognizing pseudolicenses?

Counsel of record

For petitioner
Donald J. Evans
Fletcher, Heald & Hildreth

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 19 2018
    Waiver of right of respondent Atlantic City Board of Education (Intervenor in support of Respondent below) to respond filed.
  4. Mar 16 2018
    Waiver of right of respondent Federal Communications Commission to respond filed.
  5. Feb 19 2018
    Petition for a writ of certiorari filed. (Response due March 26, 2018)