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National Broadcasting Co. v. United States

Facts of the Case

Provided by Justia

These suits were brought on October 30, 1941, to enjoin the enforcement of the Chain Broadcasting Regulations promulgated by the Federal Communications Commission on May 2, 1941, and amended on October 11, 1941. We held last Term in Columbia Broadcasting System v. United States, 316 U. S. 407 , and National Broadcasting Co. v. United States, 316 U. S. 447 , that the suits could be maintained under § 402(a) of the Communications Act of 1934, 48 Stat. 1093, 47 U.S.C. § 402(a) (incorporating by reference the Urgent Deficiencies Act of October 22, 1913, 38 Stat. 219, 28 U.S.C. § 47), and that the decrees of the District Court dismissing the suits for want of jurisdiction should therefore be reversed. On remand, the District Court granted the Government's motions for summary judgment and dismissed the suits on the merits. 47 F. Supp. 940 . The cases are now here on appeal. 28 U.S.C. § 47. Since they raise substantially the same issues and were argued together, we shall deal with both cases in a single opinion.

Conclusions

  1. 1. The regulatory powers of the Federal Communications Commission are not limited to the engineering and technical aspects of radio communication. P. 319 U. S. 215 . 2. Regulations adopted by the Federal Communications Commission, as "in the public interest," touching the relations between licensed broadcasting stations on the one hand, and network organizations furnishing programs to such stations on the other hand, are sustained as within the powers conferred upon the Commission by the Federal Communications Act, viz.: (1) A regulation providing that no license shall be granted to a standard broadcast station having any contract, arrangement, or understanding with a network organization under which the station is prevented or hindered from, or penalized for, broadcasting the programs of any other network organization. P. 319 U. S. 198 .