Radio Communications Corporation v. Federal Communications Commission, et al.

Whether the “best reading” of the Low Power Protection Act (“LPPA”) mandates nationwide Low Power Protection denial, as if the LPPA had not been enacted, where:

1. The lower court assumed that a trade association had standing and redressed its speculative third-party injury claim, FCC 23-112 ¶ 38, Pet. App. 77a-78a, asserted on behalf of unknown Full Power broadcasters the LPPA seeks to constrain, even though that injury claim is plainly barred by Article III associational standing rules;

2. The lower court ignored this Court’s unanimously rendered interpretive rule that statutory definitions are “virtually conclusive,” altered statutory definitions to nullify the LPPA’s and 47 U.S.C. § 307(b)’s nationwide protection and licensing mandates, and produced an LPPA reading with no substantial effect upon interstate commerce; and

3. The lower court rejected First Amendment and mustcarry issues based upon RCC’s purported LPPA ineligibility, but inexplicably and inconsistently used the LPPAineligible trade association’s speculative third-party injury claim to disqualify RCC from LPPA protection. (I)