Chapter 788. To amend section 16 of the Radio Act of 1927
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CHAP. 788.— An Act To amend section 16 of the Radio Act of 1927. July 1, 1930.[[H. R. 12599](/us/bill/71/hr/12599).][[Public, No. 494](/us/pl/71/494).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Radio Act of 1927.Decisions of Commission.Vol. 44, p. 1169, amended[U. S. C., Supp. IV, p. 625](/us/usc/p625).Appeals from, taken to Court of Appeals, D. C. That section 16 of the Radio Act of 1927 (U. S. C., Supp. III, title 47, sec. 96) is amended by striking out the whole of said section and by inserting in lieu thereof the following: " “Sec. 16.
(a)An appeal may be taken, in the manner hereinafter provided, from decisions of the commission to the Court of Appeals of the District of Columbia in any of the following cases: “(1) By applicant, if construction permit, etc., refused. By any applicant for a station license, or for renewal of an existing station license, or for modification of an existing station license, whose application is refused by the commission. “(2) If license revoked, etc. By any licensee whose license is revoked, modified, or suspended by the commission. “(3) If interests adversely affected, etc. By any other person, firm, or corporation aggrieved or whose interests are adversely affected by any decision of the commission granting or refusing any such application or by any decision of the commission revoking, modifying, or suspending an existing station license. Procedure.“Such appeal shall be taken by filing with said court within twenty days after the decision complained of is effective, notice in writingProof of service. of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement uponEffective date of commission’s decision. the commission. Unless a later date is specified by the commission as part of its decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the commission in the city of Washington. “(b) Notice of appeal to be delivered to interested person, etc. The commission shall thereupon immediately, and in any event not later than five days from the date of such service upon it, mail or otherwise deliver a copy of said notice of appeal to each person, firm, or corporation shown by the records of the commission to be interested in such appeal and to have a right to interveneStatement of reasons for appeal, open to. therein under the provisions of this section, and shall at all times thereafter permit any such person, firm, or corporation to inspect and make copies of the appellant’s statement of reasons for saidPapers filed in court. appeal at the office of the commission in the city of Washington. Within thirty days after the filing of said appeal the commission shall file with the court the originals or certified copies of all papers and evidence presented to it upon the application involved or upon its order revoking, modifying, or suspending a license, and also a like copy of its decision thereon, and shall within thirty days thereafter file a full statement in writing of the facts and grounds for its decision as found and given by it, and a list of all interested per-845sons, firms, or corporations to whom it has mailed or otherwise delivered a copy of said notice of appeal. “(c) Within thirty days after the filing of said appeal any interestedIntervention, etc., of interested persons. person, firm, or corporation may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the commission. Any person, firm, or corporation who wouldInterested person, etc., defined. be aggrieved or whose interests would be adversely affected by a reversal or modification of the decision of the commission complained of shall be considered an interested party. “(d) At the earliest convenient time the court shall hear and determineEarly action by court. the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision of the commission, and, in event the court shall render a decision and enter an order reversing the decision of the commission, it shall remand the case to the commission to carry out the judgment of the*Proviso*.Scope of review by court. court: *Provided, however*, That the review by the court shall be limited to questions of law and that findings of fact by the commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the commission are arbitraryFinality of judgment. or capricious. The court’s judgment shall be final, subject, however, to review by the Supreme Court of the United States upon writ of certiorari on petition therefor under section 347 of title 28 of the Judicial Code by appellant, by the commission, or by any interested party intervening in the appeal. “(e) The court may, in its discretion, enter judgment for costsJudgment for costs. in favor of or against an appellant, and/or other interested parties intervening in said appeal, but not against the commission, depending upon the nature of the issues involved upon said appeal and the*Proviso*.Appeals taken prior to provisions herein not affected. outcome thereof: *Provided, however*, That this section shall not relate to or affect appeals which were filed in said Court of Appeals prior to the enactment of this amendment.” " Approved, July 1, 1930.