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Hastings Communications and Entertainment Law Journal

Abstract

The Federal Communications Commission (FCC) employs a "comparative renewal process" in determining which of two mutually exclusive applicants should be granted a broadcasting license. This note examines the controversial method used in awarding licenses by focusing on the case of Simon Geller, the first instance in which the FCC failed to renew an existing broadcasting license when challenged by a new applicant. It considers the factors weighed in the comparative renewal process, questions whether they were accurately applied in the Geller case, and discusses whether the comparative renewal process really protects the "public interest."

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