“Despite the time-sensitive nature of these proceedings, the Commission intentionally took no action and offered no response to the Application for more than three months,” judges said. “The Commission did not, for example, seek responses from impacted parties, or engage in fact finding, or secure supplemental briefing, or solicit public comment, or schedule or conduct an oral argument. ” Instead of assessing the merits of the application, FCC Chairman Brendan Carr this month “proposed the summary dismissal of the Application as unreviewable by the Commission,” the court ruling said. The judges said the “unusual circumstances” amount to a “constructive denial. ” They found that the FCC Media Bureau’s public notice constitutes a final order, giving the court jurisdiction to review it. Court: Agency gave no “statutory justification” The FCC recognized in 1991 that only candidates, and not independent entities that support or oppose candidates, are entitled to the lowest rates, the 4th Circuit ruling said
