In a petition for review of the denial of Petitioner radio station's request for reconsideration of the mutually exclusive designation of the application filed by a competitor to operate an AM station, the petition is denied where the FCC may establish standards of acceptability for filing an application that differ from the standards for granting a license or permit.
Argued April 17, 2009
Decided June 26, 2009
Opinion by Judge Rogers
Dennis J. Kelly, Winston & Strawn LLP, Chicago, IL
Joseph R. Palmore, Deputy General Counsel, Federal Communications Commission, Washington, DC