D.C. Circuit Upholds FCC Decision in Radio License Dispute

The FCC was right when it rejected the petition by ADX Communications regarding assignment of radio licenses to an ADX competitor, the U.S. Court of Appeals for the D.C. Circuit said Friday. ADX, which has two radio stations in Pensacola, Florida, in 2012 sought to block competitor Cumulus Licensing when it filed applications for licenses at stations in the Pensacola area and nearby Mobile, Alabama, as well a change in community of license, arguing the FCC should treat the region as one market instead of the normal Arbitron market definitions and that a two-year waiting period should apply. The Media Bureau denied ADX, and the full commission affirmed the bureau's move in 2014. ADX then appealed. In its ruling, the court said the FCC's decision to stick with its traditional market definition methodology was reasonable and that its interpretation of waiting period language was consistent with past policy.