Fed. Commc'ns Comm'n v. Sanders Bros. Radio Station, 309 U.S. 470 (1940). · Go Syfert
Fed. Commc'ns Comm'n v. Sanders Bros. Radio Station, 309 U.S. 470 (1940). Cases Citing This Book View Copy Cite
1,609 citation events (118 in the last 25 years) across 71 distinct courts.
Strongest positive: Prometheus Radio Project v. Federal Communications Commission (ca3, 2004-06-24)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Prometheus Radio Project v. Federal Communications Commission (4×) also: Cited as authority (quoted)
3rd Cir. · 2004 · quote attribution · 4 verbatim quotes · confidence high
the policy of the act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license.
examined Cited as authority (verbatim quote) Federal Communications Commission v. WNCN Listeners Guild (4×) also: Cited as authority (rule)
SCOTUS · 1981 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
roadcasters are not common carriers and are not to be dealt with as such. thus the act recognizes that the field of broadcasting is one of free competition
examined Cited as authority (quoted) Mobile Relay Associates v. Federal Communications Commission (3×)
D.C. Cir. · 2006 · quote attribution · 3 verbatim quotes · confidence low
the policy of the act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license.
examined Cited as authority (quoted) Prometheus Radio Project v. Federal Communications Commission (3×)
3rd Cir. · 2004 · quote attribution · 3 verbatim quotes · confidence low
the policy of the act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license.
examined Cited as authority (quoted) United States v. Any & All Radio Station Equipment (3×)
S.D.N.Y. · 2000 · quote attribution · 3 verbatim quotes · confidence low
unless congress had exercised its power ... to bring about allocation of available frequencies and to regulate the employment of transmission equipment the result would have been an impairment of the effective use of these facilities by anyone.
examined Cited as authority (quoted) In Re: Nextwave Personal Communications, Inc. Debtor. Federal Communications Commission v. Nextwave Personal Communications, Inc. (3×)
2d Cir. · 1999 · quote attribution · 3 verbatim quotes · confidence low
o person is to have anything in the nature of a property right as a result of the granting of a license.
examined Cited as authority (quoted) National Ass'n of Broadcasters v. Federal Communications Commission (3×)
D.C. Cir. · 1984 · quote attribution · 3 verbatim quotes · confidence low
the policy of the act is clear that no person is to have anything in the nature of a property right as the result of the granting of a license.
examined Cited as authority (quoted) cadc 1984 (3×)
D.C. Cir. · 1984 · quote attribution · 3 verbatim quotes · confidence low
the policy of the act is clear that no person is to have anything in the nature of a property right as the result of the granting of a license.
examined Cited as authority (quoted) Tele-Media Corp. v. Federal Communications Commission (2×)
D.C. Cir. · 1983 · quote attribution · 2 verbatim quotes · confidence low
congress intended to leave competition in the business of broadcasting where it found it, to permit a licensee who was not interfering electrically with other broadcasters to survive or succumb according to his ability to make his programs attractive to the public.
examined Cited as authority (quoted) Tele-Media Corporation v. Federal Communications Commission (2×)
D.C. Cir. · 1983 · quote attribution · 2 verbatim quotes · confidence low
congress intended to leave competition in the business of broadcasting where it found it, to permit a licensee who was not interfering electrically with other broadcasters to survive or succumb according to his ability to make his programs attractive to the public.
discussed Cited as authority (rule) Ligado Networks LLC v. United States
Fed. Cir. · 2026 · confidence medium
Long ago, but soon after enactment of the Communica- tions Act of 1934, the Supreme Court wrote: “The policy of the Act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license.” FCC v. Sanders Brothers Radio Station, 309 U.S. 470, 475 (1940); see also Scripps-Howard Radio, Inc. v. FCC, 316 U.S. 4 , 14–15 (1942) (stating that “[t]he Com- munications Act of 1934 did not create new private rights” and that the appeal right granted by 47 U.S.C. § 402 (b) ex- ists to protect “the public interest,” not “the interests of …
cited Cited as authority (rule) DiSomma
N.D. Ill. · 2025 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940); Spectrum Five LLC v. FCC, 758 F.3d 254 , 259 n.7 (D.C.
cited Cited as authority (rule) Gray Television, Inc. v. Federal Communications Commission
11th Cir. · 2025 · confidence medium
Radio Station, 309 U.S. 470, 475 (1940).
discussed Cited as authority (rule) China Unicom (Americas) Opera v. FCC (2×)
9th Cir. · 2024 · confidence medium
Radio Station, 309 U.S. 470, 474 (1940) (footnote omitted).
cited Cited as authority (rule) PSSI Global Services, L.L.C. v. FCC
D.C. Cir. · 2020 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940), or allowing a rival to sell a fungible good at a lower price, see, e.g., La.
discussed Cited as authority (rule) Dr. David S. Muransky v. Godiva Chocolatier, Inc.
11th Cir. · 2020 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940), the Supreme Court permitted a radio station to sue to enjoin a Federal Communications Commission order granting a license to a market competitor, even though the station did not have a legal right to the grant or denial of the license, or a common-law right to be free from market competition.
cited Cited as authority (rule) Moya v. United States Department of Homeland Security
2d Cir. · 2020 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940)).
discussed Cited as authority (rule) Alpine Pcs, Inc. v. United States
Fed. Cl. · 2016 · confidence medium
Radio Station, 309 U.S. 470, 475, 60 S.Ct. 693 , 84 L.Ed. 869 (1940), for the proposition that “no person is to have anything in the nature of a property right as a result of the granting of a license [under 47 U.S.C. § 301 ].” 4 *309 Even so, “[t]he Communications Act itself seems to ,. impl[y] the creation of rights akin to those created by a property interest limited only by the ‘terms, conditions and periods of the license.’ ” In re Atlantic Bus. and Cmty. Dev.
discussed Cited as authority (rule) Upmc Mercy v. Sebelius
D.D.C. · 2011 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940) (holding that a party who had demonstrated an injury sufficient to confer standing to appeal from an agency decision could “raise . . . any relevant question of law in respect of the order of the [agency]”); CHARLES ALLEN WRIGHT & ARTHUR R.
discussed Cited as authority (rule) Grayson v. AT & T CORP. (2×)
D.C. · 2011 · confidence medium
E.g., Sierra Club v. Morton, supra, at 737 [ 92 S.Ct. 1361 ]; FCC v. Sanders [Bros.] Radio Station, 309 U.S. 470, 477 [ 60 S.Ct. 693 , 84 L.Ed. 869 ] (1940). [37] Through the years our cases consistently have followed the constitutional minimum of standing as articulated in Warth and Lujan. [38] And in Executive Sandwich Shoppe, Inc., supra , we recognized that a plaintiff may be required to meet only the minimum constitutional requirement to gain standing to bring his action.
discussed Cited as authority (rule) Michigan Citizens for Water Conservation v. Nestlé Waters North America Inc
Mich. · 2007 · confidence medium
E.g., Sierra Club v. Morton, supra at 737; FCC v. Sanders Radio Station, 309 U.S. 470, 477 [60 St Ct 693; 84 L Ed 869 (1940). [Id. at 500-501.] Whether dealing with federal constitutional standing or standing granted by statute, I find the rationale in Warth to be persuasive when the plaintiffs have established standing for their own claims.
cited Cited as authority (rule) Dismas Charities Inc v. DOJ Fed Bur Prisons
6th Cir. · 2005 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940); Bennett, 520 U.S. at 162 , and the Supreme Court has interpreted § 702 of the APA to have loosened prudential standing requirements for suits under the APA.
cited Cited as authority (rule) Home Shopping Club, Inc. v. Roberts Broadcasting Co.
Mo. Ct. App. · 1998 · confidence medium
Radio Station, 309 U.S. 470, 475 , 60 S.Ct. 693, 697 , 84 L.Ed. 869, 874 (1940)).
discussed Cited as authority (rule) Mtr Equip Mftr Assn v. Nichols, Mary D.
D.C. Cir. · 1998 · confidence medium
Radio Station, 309 U.S. 470, 477 (1940). "[W]hen a challenged agency action authorizes alleg- edly illegal [activity] that will almost surely cause [a] petition- er to lose business," that petitioner has standing to make a claim.
discussed Cited as authority (rule) Stolz v. Wong Communications Limited Partnership
Cal. Ct. App. · 1994 · confidence medium
Thus the channels presently occupied remain free for a new assignment to another licensee in the interest of the listening public, [ft] Plainly it is not the purpose of the Act to protect a licensee against competition but to protect the public.” (Commission v. Sanders Radio Station (1939) 309 U.S. 470, 475 [ 84 L.Ed. 869, 874 , 60 S.Ct. 693 ].) Where two applications compete for the same frequency and are mutually exclusive, the FCC holds a comparative hearing to weigh the relative merits of both before granting either application. ( 47 U.S.C. § 309 (e); Ashbacker Radio Co. v. F.C.C. (1945…
cited Cited as authority (rule) Jefferson-Pilot Corp. v. Commissioner
unknown court · 1992 · confidence medium
Radio Station, 309 U.S. 470, 475 (1940), for the proposition that an FCC license confers no property interest.
discussed Cited as authority (rule) Metro Broadcasting, Inc. v. Federal Communications Commission (2×)
SCOTUS · 1990 · signal: cf. · confidence medium
Even were such an ambitious policy of central planning feasible, it would have raised “serious First Amendment issues” if it denied a broadcaster the ability to “carry a particular program or to publish his own views,” if it risked “government censorship of a particular program,” or if it led to “the official government view dominating public broadcasting.” Red Lion Broadcasting Co. v. FCC, 395 U. S. 367, 396 (1969); cf. FCC v. Sanders Brothers Radio Station, 309 U. S. 470, 475 (1940).
discussed Cited as authority (rule) Woodruff v. Board of Trustees of Cabell Huntington Hospital
W. Va. · 1984 · confidence medium
See United States v. Grace, 461 U.S. 171, 176-177 , 103 S.Ct. 1702, 1706 , 75 L.Ed.2d 736, 742 (1983); Organization for a Better Austin v. Keefe, 402 U.S. 415, 419 , 91 S.Ct. 1575, 1577 , 29 L.Ed.2d 1, 5 (1971); Martin v. City of Struthers, 319 U.S. 141, 143 , 63 S.Ct. 862, 863 , 87 L.Ed. 1313, 1316-17 (1943); Jamison v. Texas, 318 U.S. 413, 416 , 63 S.Ct. 669, 672 , 84 L.Ed. 869, 872-73 (1943); Schneider v. State, 308 U.S. 147, 164 , 60 S.Ct. 146, 152 , 84 L.Ed. 155, 166 (1939).
discussed Cited as authority (rule) cadc 1983
D.C. Cir. · 1983 · confidence medium
It puts upon the Commission the burden of determining the composition of that traffic. * * * * * * * * * "An important element of public interest and convenience affecting the issue of a license is the ability of the licensee to render the best practicable service to the community reached by his broadcasts." Federal Communications Comm'n v. Sanders Radio Station, 309 U.S. 470, 475 [ 60 S.Ct. 693, 697 , 84 L.Ed. 869 ].
discussed Cited as authority (rule) Black Citizens for a Fair Media v. Federal Communications Commission
D.C. Cir. · 1983 · confidence medium
It puts upon the Commission the burden of determining the composition of that traffic. * * * ****** * * * “An important element of public interest and convenience affecting the issue of a license is the ability of the licensee to render the best practicable service to the community reached by his broadcasts.” Federal Communications Comm’n v. Sanders Radio Station, 309 U.S. 470, 475 [ 60 S.Ct. 693, 697 , 84 L.Ed. 869 ].
examined Cited as authority (rule) Telocator Network of America v. Federal Communications Commission and United States of America (4×) also: Cited "see"
D.C. Cir. · 1982 · signal: cf. · confidence medium
Cf. FCC v. Sanders Radio Station, supra note 151, 309 U.S. at 476 , 60 S.Ct. at 698 , 84 L.Ed. at 874-875 (additional entry may mean “that both stations — the existing and the proposed — will go under, with the result that a portion of the listening public will be left without adequate service; it may indicate that, by a division of the field, both stations will be compelled to render inadequate service”). 189 .
discussed Cited as authority (rule) Life of the Land v. LAND USE COM'N, ETC.
Haw. · 1981 · confidence medium
Communications Comm’n v. Sanders Brothers Radio Station, 309 U.S. 470, 477 (1940). 6 The Supreme Court’s standing doctrine includes a requirement that there be a showing of a “logical nexus” between the interest asserted and the claim sought to be adjudicated.
discussed Cited as authority (rule) Federal Communications Commission v. National Citizens Committee for Broadcasting (2×)
SCOTUS · 1978 · confidence medium
Radio Station, 309 U. S. 470, 475 (1940); see supra, at 782.
discussed Cited as authority (rule) Boyce v. Rizzo
E.D. Pa. · 1978 · confidence medium
The Court based its decision on the fact that § 402(b) of the Communications Act of 1934 authorized challenges to such applications “by any . . . person aggrieved or whose interests are adversely affected” by a broadcast license decision and stated that “[i]t is within the power of Congress to confer such standing to prosecute an appeal.” 309 U.S. at 476-77 , 60 S.Ct. at 698 (footnote omitted).
discussed Cited as authority (rule) Schroeder v. Municipal Court
Cal. Ct. App. · 1977 · confidence medium
Commission v. Sanders Radio Station (1940) 309 U.S. 470, 474 [ 84 L.Ed. 869, 873-874 , 60 S.Ct. 693 ].) Unquestionably, federal legislation has preempted local regulation of radio transmission, including assignment of frequencies, interference phenomena, and the content of broadcast material.
cited Cited as authority (rule) Faulkner Radio, Inc. v. Federal Communications Commission, William P. Johnson and Hollis B. Johnson, Doing Business as Radio Carrollton, Intervenor
D.C. Cir. · 1977 · confidence medium
Radio Station, 309 U.S. 470, 477 , 60 S.Ct. 693, 698 , 84 L.Ed. 869, 875 (1940).
discussed Cited as authority (rule) Rachel Evans v. James T. Lynn v. The Town of New Castle, Appellee-Intervenor (2×)
2d Cir. · 1976 · confidence medium
E. g., Sierra Club v. Morton, 405 U.S. [727] at 737 [ 92 S.Ct. 1361, at 1367 , 31 L.Ed.2d 636 ] (1972); FCC v. Sanders Radio Station, 309 U.S. 470, 477 [ 60 S.Ct. 693, 698 , 84 L.Ed. 869 ] (1940). 422 U.S. at 501 , 95 S.Ct. at 2206 .
discussed Cited as authority (rule) Warth v. Seldin (2×)
SCOTUS · 1975 · confidence medium
E. g., Sierra Club v. Morton, supra, at 737 ; FCC v. Sanders Radio Station, 309 U. S. 470, 477 (1940).
cited Cited as authority (rule) Big League Broadcasting Co. v. Shedd-Agard Broadcasting, Inc.
La. Ct. App. · 1975 · confidence medium
Radio Station, 309 U.S. 470, 475, 642 , 60 S.Ct. 693, 697 , 84 L.Ed. 869, 1037 ; National Broadcasting Co., Inc., v. United States, 319 U.S. 190, 218, 227 , 63 S.Ct. 997, 1010, 1014 , 87 L.Ed. 1344 .
discussed Cited as authority (rule) Iowa Independent Bankers, an Iowa Nonprofit Corporation v. Board of Governors of the Federal Reserve System, Northwest Bancorporation, Intervenor
D.C. Cir. · 1975 · confidence medium
We hold, therefore, that the respondent had the requisite standing to appeal and to raise, in the court below, any relevant question of law in respect of the order of the Commission. 309 U.S. at 477 , 60 S.Ct. at 698 (footnote omitted).
cited Cited as authority (rule) Everett Town Taxi v. Board of Aldermen of Everett
Mass. · 1974 · confidence medium
Radio Station, 309 U. S. 470, 477 (1940).
discussed Cited as authority (rule) Columbia Broadcasting System, Inc. v. Democratic National Committee (2×)
SCOTUS · 1973 · confidence medium
See, e. g., Red Lion, supra, at 375-386 ; National Broadcasting *104 Co. v. United States, 319 U. S. 190, 210-217 (1943); FCC v. Sanders Brothers Radio Station, 309 U. S. 470, 474 (1940); FCC v. Pottsville Broadcasting Co., 309 U. S. 134, 137-138 (1940).
cited Cited as authority (rule) Chris-Craft Industries, Inc. v. Piper Aircraft Corp.
2d Cir. · 1973 · confidence medium
Radio Station, 309 U.S. 470, 476-77 (1940) ; Mutual Shares v. Genesco, 384 F.2d 540, 543-46 (2 Cir. 1967).
cited Cited as authority (rule) ca1 1973
1st Cir. · 1973 · confidence medium
Radio Station, 309 U.S. 470, 476-77 (1940); Mutual Shares v. Genesco, 384 F.2d 540, 543-46 (2 Cir. 1967).
discussed Cited as authority (rule) Brandywine-Main Line Radio, Inc. v. Federal Communications Commission, Greater Philadelphia Council of Churches, Intervenors (2×)
D.C. Cir. · 1972 · confidence medium
Radio Station, 309 U.S. 470, 475 (1940). . 343 U.S.App.D.C. 383 , 444 F.2d 841 (1970). .
discussed Cited as authority (rule) Sierra Club v. Morton (2×)
SCOTUS · 1972 · confidence medium
Radio Station, supra, at 477. [7] No question of standing was raised in Citizens to Preserve Overton Park v. Volpe, 401 U. S. 402 .
cited Cited as authority (rule) Virgin Islands Hotel Ass'n v. Virgin Islands Water & Power Authority
D.V.I. · 1972 · confidence medium
Radio Station, 309 U.S. 470, 477 (1939).
discussed Cited as authority (rule) Karlinsky v. New York Racing Ass'n
S.D.N.Y. · 1971 · confidence medium
Radio Station, 309 U.S. 470, 477 [ 60 S.Ct. 693, at 698 , 84 L.Ed. 869 ,] may be a reliable private attorney general to litigate the issues of the public interest 2 in the present case.” (p. 154, 90 S.Ct. p. 830). 2.
cited Cited as authority (rule) Citizens Committee for the Hudson Valley v. Volpe
2d Cir. · 1970 · confidence medium
C., 316 U.S. 4 , 62 S.Ct. 875 , 86 L.Ed. 1229 (1942); F.C.C. v. Sanders Brothers Radio Station, 309 U.S. 470 , 60 S.Ct. 693 , 84 L.Ed. 869, 1037 (1940).
discussed Cited as authority (rule) ca2 1970
2d Cir. · 1970 · confidence medium
See Associated Industries v. Ickes, supra; Office of Communication of United Church of Christ v. F.C.C., 123 U.S.App.D.C. 328 , 359 F.2d 994 (1966); Reade v. Ewing, 205 F.2d 630 (2d Cir. 1953); cf. Scripps-Howard Radio, Inc. v. F.C.C., 316 U.S. 4 , 62 S.Ct. 875 , 86 L.Ed. 1229 (1942); F.C.C. v. Sanders Brothers Radio Station, 309 U.S. 470 , 60 S.Ct. 693 , 84 L.Ed. 869, 1037 (1940).
Federal Communications Commission
v.
Sanders Brothers Radio Station
499.
Supreme Court of the United States.
Mar 25, 1940.
309 U.S. 470
Mr. William J. Dempsey, with whom Solicitor General Biddle and Messrs. Richard H. Demuth, William Q^..Kop~ lovitz, Robert M. Cooper, and Benedict, P Cottope weje. on the brief, for petitioner., Mr. Louis G. Caldwell, with whom Messrs. Reed T. Rollo, Donald C. Beelar, and Percy H. Russell, Jr. were on the brief, for respondent.
Roberts, McReynolds.
Cited by 511 opinions  |  Published
5 passages pin-cited by 9 cases
Pinpoint authority: #9,230 of 633,719
Citer courts: D.C. Circuit (13) · Third Circuit (6) · Second Circuit (3) · S.D. New York (3)
Mr. Justice Roberts

delivered the opinion of the Court.

We took this case to resolve important issues of substance and procedure arising under the Communications Act of 1934, as amended. [1]

January 20, 1936, the Telegraph Herald, a newspaper published in Dubuque, Iowa, filed with the petitioner an application for a construction permit to erect a broadcasting station in that city. May 14, 1936, the respondent, who had for some years held a broadcasting license for, and had operated, Station WKBB at East Dubuque, Illinois, directly across the Mississippi Riven from Du-buque, Iowa, applied for a permit to move its transmitter and studios to the last named city and instal its station there. August 18, 1936, respondent asked leave to intervene in,the Telegraph Herald proceeding, alleging in its petition, inter alia, that there was an insufficiency of advertising revenue to support an additional station in Dubuque and insufficient talent to furnish programs for an additional station; that adequate service was being rendered to the community by Station WKBB and there was no need for any additional radio outlet in Dubuque and that the granting of the Telegraph Herald application would not serve the public interest, convenience, and necessity. Intervention was permitted and both applications were set for consolidated hearing.

The respondent and the Telegraph Herald offered evidence in support of their respective applications. The respondent’s proof showed that its station had operated[*472] at a loss; that the area proposed to be served by the Telegraph Herald was substantially the same as that served by the respondent and that, of the advertisers relied on to support the Telegraph Herald station; more than half had used the respondent’s station for advertising.

An examiner reported that the application of the Telegraphs Herald should be denied and that of the respondent granted. On exceptions of the Telegraph Herald, and after oral argument, the broadcasting division of petitioner made an order granting both applications, reciting that “public interest, convenience, and necessity would be served” by such action. The division promulgated a statement of the facts and of the grounds of decision, reciting that both applicants were legally, technically, and financially qualified to undertake the proposed construction and operation; that there was need in Dubuque and the surrounding territory for the services of .both stations, and that no question of electrical interference between the two stations was involved. A rehearing was denied and respondent appealed to the Court of Appeals for the District of Columbia. That court entertained the appeal and held that one of the issues which the Commission should have tried was that of alleged economic injury to the respondent’s station by the establishment of an additional station and that the Commission had erred in failing to rpake findings on that issue. It decided that, in the absence of such findings, the Commission’s action in granting the Telegraph Herald permit must be set aside as arbitrary and capricious. [2]

The petitioner’s contentions are that under the Communications Act economic injury to a competitor is not a ground for refusing a broadcasting license and that, since this is-so, the respondent was not a person aggrieved, or whose interests were adversely affected, by the Com[*473] mission’s action, within the meaning of § 402 (b) of the Act which authorizes appeals from the Commission’s orders.

The respondent asserts that the petitioner in argument below contented itself with the contention that the respondent had failed to produce evidence requiring a finding of probable economic injury to it. It is consequently insisted that the petitioner is not in a position here to defend its failure to make such findings on the ground that it is not required by the Act to consider any such issue. By its petition for rehearing in the court below, the Commission made clear its position as now advanced. The decision of the court below, and the challenge made in petition for rehearing and here by the Commission, raise a fundamental question as to the function and powers of the Commission and we think that, on the record, it is open here.

First. We hold that resulting economic injury to a rivaT station is not, in and of itself, and apart from considerations of public convenience, interest, or necessity, an element the petitioner must weigh, and as to which it must make findings, in passing on an application for a broadcasting license.

Section 307 (a) cf the Communications Act directs that “the Commission, if public convenience, interest, or necessity will be served thereby, subject to the limitations of this Act, shall grant to any applicant therefor a station license provided for by this Act.” This mandate is given meaning. and contour by the other provisions of the statute and the subject matter with which it deals. [3] The Act contains no express command that in passing upon an application the Commission must consider the effect of competition with an existing station. Whether the Commission should consider the subject must depend[*474] üpon the purpose of the Act and the specific provisions intended to effectuate that purpose.

The genesis of the Communications Act and the necessity for the adoption of some such regulatory measure is a matter of history. The number of available radio frequencies is limited. The attempt by a broadcaster to use a given frequency in disregard of its prior use by others, thus creating confusion and interference, deprives the public of the full benefit of radio audition. Unless Congress had exercised its power over interstate commerce to bring about allocation of available frequencies and to regulate the employment of transmission equipment the result would have been an impairment of the effective use of these facilities by anyone. The fundamental purpose of Congress in respect of broadcasting was the allocation and regulation of the use of radio frequencies by prohibiting such use except under license.

In contradistinction to communication by telephone and telegraph, which the Communications Act recognizes as a common carrier activity and regulates accordingly in analogy to the regulation of rail and other carriers by the Interstate Commerce Commission, [4] the Act recognizes that broadcasters are not common carriers and are not to be dealt with as such. [5] Thus the Act recognizes that the field of broadcasting is one of free competition. The sections dealing with broadcasting demonstrate that Congress has not, in its regulatory scheme, abandoned the principle of free competition, as it has done in the case of railroads, [6] in respect of which regulation involves the suppression of wasteful practices due to competition, the regulation of rates and charges, and other measures[*475] which are unnecessary if free competition is to be permitted.

An important element of public interst and convenience affecting the issue of a license is the ability of the licensee to render the best practicable service to the community reached by his broadcasts. That such ability may be assured the Act contemplates inquiry by the Commission, inter alia, into an applicant’s financial qualifications to operate the proposed station. [7]

But the Act does not essay to regulate the business of the licensee. The Commission is given no supervisory control of the. programs, of business management of of policy. In short, the broadcasting field is open to anyone, provided there be an available frequency over which he can broadcast without interference to others, if he shows his competency, the adequacy of his equipment, and financial ability to make good use of the assigned channel.

The policy of the Act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license. Licenses are limited to a maximum of three years’ duration, may be revoked, and need not be renewed. Thus the channels presently occupied remain free for a new assignment to another licensee in the interest of the listening public.

Plainly it is not the purpose of the Act to protect a licensee against competition but to protect the public. Congress intended to leave competition in the business of broadcasting where it found it, to. permit a licensee who was not interfering electrically with other broadcasters to survive or succumb according to his ability to make Ms programs attractive to the public.

This is not to say that the question of competition between a proposed station and -one operating , under an[*476] existing license is to be entirely disregarded by the Commission, and, indeed, the Commission’s practice shows that it does not disregard that question. It may have a vital and important bearing upon the ability of the applicant adequately to serve his public; it may indicate that both stations — the existing and the proposed — will go under, with the result that a portion of the listening public will be left without adequate service; it may indicate that, by a division of the field, both stations will be compelled to render inadequate service. These matters, however, are distinct from the consideration that, if a license be granted, competition between the licensee and any other existing station may cause economic- loss to the latter. If such economic loss were a valid reason, for refusing a license this would mean that the Commission’s function is to grant a monopoly in the field of broadcasting,- a result which the Act itself expressly negatives, [8] which Congress would not haye contemplated without granting •the Commission powers of control over the rates, programs, and other activities of the business of broadcasting.

We conclude that economic injury to an existing‘station is not a separate and independent element to be taken into consideration by the Commission in determining whether it shall 'grant or withhold a license.

Second. It does not follow that, because the licensee of a station cannot resist the grant of a license to another, on the ground that the resulting competition may work economic injury to him, he has no standing to appeal from an order of the Commission granting the application.

Section 402 (b) of the Act provides for an appeal to the Court of Appeals of the district of Columbia (1) by an applicant for a license or permit, or (2) “by any other person aggrieved or whose interests are adversely affected[*477] by any decision of the Commission granting or refusing* any such application.”

The petitioner insists that as economic injury to the respondent was not a proper issue before the Commission it is impossible that § 402 (b) was intended to give the respondent standing to appeal, since absence of right implies absence of remedy. This view would deprive subsection (2) of any substantial effect.

Congress had some purpose in enacting § 402 (b) (2). It may have been of opinion that one likely to be financially injured by the issue of a license would be the only person having a sufficient interest to bring to the attention of the appellate court efrors of law in the action of the Commission in granting the license. It is within the power of Congress to confer such standing to prosecute an appeal. [9]

We hold, therefore, that the respondent had the reqr uisite standing to appeal and to raise, in the court below, any relevant question of law in respect of the order of the Commission.

Third. Examination of the' findings and grounds of decision set forth by the Commission discloses that the findings were sufficient to comply with the requirements of the Act in respect of the public interest, convenience, or necessity involved in the issue of the permit. In any event, if the findings were not as detailed upon this subject as might be desirable, the attack upon them is not that the public interest is not sufficiently protected but only that the financial interests of the respondent have not been considered. We find no reason for abrogating the Commission’s order for lack of adequate findings.

Fourth. The respondent .here renews a contention made in the Court of Appeals to the effect that the Com[*478] mission used as evidence certain data and reports in its files without permitting the respondent, as intervenor before the-Commission, the opportunity of inspecting them. The Commission disavows the use of such material as evidence in the cause and the Court of Appeals has found the disavowal veracious and sufficient. We are not disposed to disturb its conclusion.

The judgment of the Court of Appeals is

Reversed.

Mr. Justice McReynolds took no part in the decision of this case.
1

Act of June 19, 1934, c. 652, 48 Stat. 1064; Act of June 5, 1936, c. 511, 49 Stat. 1475; Act of May 20, 1937, c. 229, 50 Stat. 189, 47 U. S. C. 151, et seq.

2

Sanders Brothers Radio Station v. Federal Communications Commission, 70 App. D. C. 297; 106 F. 2d 321.

3

Radio Commission v. Nelson Bros. Co., 289 U. S. 266, 285.

4

See Title II, §§ 201-221, 47 U. S. C. §§ 201-221.

5

See § 3 (h), 47 U. S. C. § 153 (h).

6

Compare Texas & Pacific Ry. v. Gulf, C. & S. F. Ry. Co., 270 U. S. 266, 277; Chicago Junction Case, 264 U. S. 258.

7

See § 308 (b), 47 U. S. C. § 308 (b).

8

See § 311, 47 U. S. C. § 311, relating to unfair competition and monopoly.

9

Compare Interstate Commerce Commission v. Oregon-Washington R. Co., 288 U. S. 14, 23-25.