Press Communications LLC v. Federal Communications Commission, 875 F.3d 1117

Press Communications (WBHX) sought a minor modification to move its transmitter inland, which required swapping channels with Equity Communications (WZBZ) so Press could occupy 99.3 rather than 99.7.
The FCC Media Bureau found two spacing defects: the proposed swap would leave Equity’s WZBZ short-spaced to (1) Atlantic City Board of Education’s WAJM (whose license had lapsed but remained operational) and (2) Delaware station WJBR (to which WZBZ was already grandfathered short-spaced).
The Bureau gave Press 30 days to cure the defects; Press declined to cure or to seek a waiver, arguing the WAJM lapse made that spacing issue moot and that grandfathering covered the WZBZ–WJBR spacing.
The Bureau dismissed Press’s application; the full FCC denied review. Press appealed, arguing (a) grandfathering permits the involuntary channel move of a short-spaced station without waiver and (b) the FCC improperly accepted WAJM’s late renewal (cut-off rule).
The D.C. Circuit reviewed for arbitrary and capricious action and affirmed the FCC’s dismissal, resolving the spacing/grandfathering issue in the FCC’s favor and declining to reach the cut-off claim because the spacing defect alone sufficed.

Issue	Press's Argument	FCC/Equity's Argument	Held
Whether a grandfathered short-spaced station may be involuntarily moved to another short-spaced channel location without satisfying §73.207 spacing or obtaining a waiver	Grandfathered status exempts the station from the spacing requirement, so no waiver needed	Applications proposing channel changes must meet §73.207 at the proposed site; grandfathering does not automatically carry to a new channel—waiver required	FCC reasonably required compliance with spacing rules or a waiver; dismissal affirmed
Whether the FCC was required to deny WAJM’s late renewal under the cut-off rule because Press’s application was filed while WAJM’s renewal was lapsed	Because WAJM’s renewal was untimely at the time of Press’s filing, Press had cut-off rights and WAJM’s later renewal should have been barred	FCC accepted WAJM’s late renewal; Bureau processed renewal and recognized WAJM as operational; new FCC policies reduce such lapses	Court declined to reach this claim because the WZBZ–WJBR spacing defect independently supports dismissal; prospective challenge moot in light of subsequent FCC policy

Auer v. Robbins, 519 U.S. 452 (agency interpretation of its own regulation entitled to deference)
Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (arbitrary and capricious standard for agency action)
SEC v. Chenery Corp., 318 U.S. 80 (court may only uphold agency decision on grounds the agency articulated, but may discern reasonable path)
Rural Cellular Ass'n v. FCC, 588 F.3d 1095 (deferential review of FCC)
Casino Airlines, Inc. v. Nat'l Transp. Safety Bd., 439 F.3d 715 (agency need not craft perfectly clear decisions; courts may uphold if path reasonably discernible)
Chiquita Brands Int'l, Inc. v. SEC, 805 F.3d 289 (Chenery not violated where court-discussed reasoning supplements sparse agency explanation)