D.C. Circuit Rejects Schwab Multimedia’s AM Tolling Appeal
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously rejected Schwab Multimedia’s appeal of FCC decisions that led to the broadcaster losing its permit to build an AM station in Culver City, California, according to…
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Judge Justin Walker's opinion Friday (docket 22-1016). “You can’t build a radio station without a place to put it,” wrote Walker. Schwab appealed the agency’s denial of its fourth tolling request to extend construction deadlines for the unbuilt KWIF(AM) Culver City. After losing its original construction site, Schwab argued industry delays from the COVID-19 pandemic and California wildfires caused its failure to construct, and said it secured a new site, though the FCC hadn’t approved that site by. The agency said site loss was the reason for the delays, and site loss isn't a valid reason for extending construction deadlines under FCC rules. “Because the agency’s decision was reasonable and reasonably explained, we affirm,” the opinion said. Schwab didn't comment.