Stanley Forman Reed

“ Jurisdiction depends upon standing to seek review and upon ripeness. If respondent could not rightfully seek review from the order adopting the challenged regulations, it must await action to its disadvantage under them, and neither the Court of Appeals nor this Court has jurisdiction of the controversy. Under the above-cited Code sections, review of Commission action is granted any party aggrieved or suffering legal wrong by that action. ”

“ The Commission asserts that its power to make regulations gives it the authority to limit concentration of stations under a single control. [9] It argues that rules may go beyond the technical aspects of radio, that rules may validly give concreteness to a standard of public interest, and that the right to a hearing does not exist where an applicant admittedly does not meet those standards as there would be no facts to ascertain. The Commission shows that its regulations permit applicants to seek amendments and waivers of or exceptions to its Rules. ”

“ As conceded by Storer, 'Section 309 (b) does not require the Commission to hold a hearing before denying a license to operate a station in ways contrary to those that the Congress has determined are in the public interest.' [11] The challenged Rules contain limitations against licensing not specifically authorized by statute. But that is not the limit of the Commission's rulemaking authority. ”

“ It stated its injuries from the Rules thus:
'Storer is adversely affected and aggrieved by the Order of the Commission adopted on November 25, 1953, amending the Multiple Ownership Rules, in that:
' (a) Storer is denied the right of a full and fair hearing to determine whether its ownership of an interest in more than seven (7) standard radio and five (5) television broadcast stations, in light of and upon a showing of all material circumstances, will thereby serve the public interest, convenience and necessity. ”

“ Respondent defends the position of the Court of Appeals. It urges that an application cannot be rejected under 47 U.S.C. § 309, 47 U.S.C.A. § 309, without a 'full hearing' to applicant. We agree that a 'full hearing' under § 309 means that every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. ”

“ In explanation the reports of the Senate, No. 752, 79th Cong., 1st Sess. 26, and the House, No. 1980, 79th Cong., 2d Sess. 42, define 'legal wrong': 'The phrase 'legal wrong' means such a wrong as is specified in section 10 (e) . ”

“ It means that something more than mere adverse personal effect must be shown in order to prevail-that is, that the adverse effect must be an illegal effect.'↑ Cf. Frozen Food Express v. United States, 351 U.S. 40, 43 44, 76 S.Ct. 569, 571.↑ Storer also attacked the 1% ownership provision that appears as a note to Rule 3.636, n. 1, supra. ”