Behr Appeal Rejected

The U.S. Court of Appeals for the D.C. Circuit rejected TV station licensee Lawrence Behr's appeal of an FCC order denying his request for a hearing over the agency's denial of his application for a waiver of rules. Behr asked the FCC in 2003 for a multiyear waiver of its requirement that he build a base station within 12 months, said the court's judgment. When the FCC denied his waiver, Behr argued that because the waiver request was physically attached to an application to modify his license, FCC rules required that he be granted a hearing, but the commission said the two were separate documents. The D.C. Circuit decided the appeal doesn't require a published opinion, the judgment said.