PMCM TV, LLC v. Federal Communications Commission
701 F.3d 380
D.C. Cir.2012Background
- Section 331(a) requires the FCC to allocate at least one VHF channel to every State if technically feasible.
- PMCM proposed reallocating Nevada and Wyoming VHF channels to New Jersey and Delaware.
- FCC denied PMCM’s request, reading §331(a) to permit reallocations only between neighboring locations.
- Historically, Congress has shown concern for preventing interference and ensuring a channel is available in unserved states; earlier decisions treated §331(a) narrowly.
- The digital transition made it technically feasible to reallocate without interference, prompting PMCM’s renewed proposal.
- The court ultimately reverses and remands with instructions to approve the reallocations as technically feasible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of §331(a) redevelopment power | PMCM: §331(a) reallocates to any unserved state without a proximity limit. | FCC: reallocations must be between neighboring locations due to feasibility. | §331(a) viewed as coherent whole; reallocations to unserved states permissible if feasible. |
| Role of technical feasibility in second sentence | Second sentence requires no technical-feasibility condition. | Second sentence narrows feasibility concerns to nearby moves. | Second sentence functions as part of the first; feasibility governs reallocations. |
| Effect of second sentence on procedures | Ongoing normal procedures apply regardless of §331(a) text. | Second sentence displaces normal procedures for allocations and licenses when reallocating. | §331(a) displaces normal procedures for reallocations and license issuance. |
| Judicial relief and outcome | Reallocate without causing interference should be approved. | No permissible reading supports PMCM’s broad reallocation. | Reversed and remanded to approve technically feasible reallocations. |
Key Cases Cited
- Multi-State Communications, Inc. v. FCC, 728 F.2d 1519 (DC Cir. 1984) (displaced normal procedures; reaffirmed broad interpretation of §331(a))
- New Jersey Coalition for Fair Broadcasting v. FCC, 574 F.2d 1119 (3d Cir. 1978) (background on New Jersey’s lack of a VHF commercial channel)
- National Broadcasting Co. v. FCC, 516 F.2d 1101 (DC Cir. 1974) (interference concerns and spectrum scarcity rationale)