Nov. 1 Oral Argument Set in Schwab’s Appeal of FCC Tolling Denial
Circuit Judges Patricia Millett, Robert Wilkins and Justin Walker will comprise the panel assigned to hear oral argument Nov. 1 at the U.S. Appeals Court for the D.C. Circuit in Schwab Multimedia’s appeal of an FCC order denying its tolling…
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extension request for a construction permit involving its new AM station, KWIF in Culver City, California, said a clerk’s order Wednesday in docket 22-1016. Schwab sought the extension in September 2020, arguing COVID-19-related issues prevented it from completing construction of the station. The commission denied Schwab’s request in January on grounds there was no evidence of a “causal connection” between Schwab’s claims of continued COVID-related impediments and its failure to construct. With the denial, Schwab’s construction permit to build KWIF expired. Schwab argues the FCC’s denial was arbitrary, inconsistent with its own precedent and based on misstated or overlooked facts.