FCC v. Allentown Broadcasting Corporation

Easton Publishing Company and Allentown Broadcasting Corporation (defendant) both applied to the FCC for a construction permit on the same broadcast frequency, triggering a comparative hearing. The hearing examiner recommended awarding the permit to Allentown, partly based on his assessment that Easton's witnesses had been evasive. After Easton objected and the FCC heard oral argument, the Commission overruled the examiner and awarded the permit to Easton instead. The Court of Appeals set aside the FCC's order, reasoning that the agency could not overrule the examiner's findings without a very substantial preponderance of contrary evidence.