Mass Communications Law

A license can be granted without a hearing. Where there are substantial and material questions of fact, or the FCC does not find that the issuance of a license would be in the public interest, a hearing must be held to review the application. Other broadcast stations might intervene in the application process, particularly where a grant of a license to another applicant could affect their licenses or seriously impair their economic well-being. In cases of such intervention, a hearing is usually required.

Representatives of the public can participate in the licensing process where a grant of a license would have a particular, definable effect upon them. A citizen may not participate by merely asserting a general listenership interest without alleging a specific injury to himself or herself. A representative group that suffers a particular injury may file a petition with the FCC to deny the application. If there is a substantial or material QUESTION OF FACT, a hearing is justified.

In the context of radio licenses, a radio spectrum refers to the range of frequencies that are used by radio waves for communication. The FCC apportions these frequencies and allows parties exclusively to use frequencies with a specific geographic location. Since 1994, the FCC has held spectrum AUCTIONS, which allows competitors to bid on the assignment of licenses for an electromagnetic spectrum. The auction is open to any eligible company or individual who submits and application and upfront payment and is found to be a qualified bidder by the commission. The auction is conducted electronically over the INTERNET.