“…it must “articulate a satisfactory explanation for its action including a ‘rational connection between the facts found and the choice made.’”

http://siriusbuzz.com/opinion-.....appeal.php

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Our standard of review of agency decisions is governed by the Administrative Procedure Act, 5 U.S.C. § 706. Under the Administrative Procedure Act, we “hold unlawful and set aside agency action, findings, and conclusions” that are found to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.”

The agency has relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise. The reviewing court should not attempt itself to make up for such deficiencies; we may not supply a reasoned basis for the agency’s action that the agency itself has not given.

Hope this helps…

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Exactly, I agree… however, under current FCC regulations (had this been a broadcast station and not a cable station) — although this would undoubtedly be found to be fleeting — the broadcast station would still be found to be in violation of their broadcast license. They would be liable to be sanctioned by the FCC accordingly. But they wouldn’t take their license. The FCC rarely takes a license. Especially under the definition of being “unfit”. Which has been my point to Hartlieb for quite some time.

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Yesterday, I was watching Fox News, when they were broadcasting live from Florida huricane area, and someone in the background “mooned” the camera as they were interviewing them about whey they stayed, and the person’s ass, including crack, was visibly displaced. I have Dish DVR, so I replayed it to see if it really happened, and yes, it did!

What’s the point of this post? Things happen…should Fox News have aired that mooning? No, but they did. Get over it.

MergerSupporter… I agree with you. I believe that this has become personal and therefore selfish on Hartlieb’s part.

Michael, this has been part of your problem — you greatly over-estimate things like this. Do you understand that allowing obscene language to go over the airwaves is also a violation of a broadcast license? How many licenses has the FCC revoked over the years for violating this? Do yourself a favor and research this… while you’re at it, why don’t you check out how many radio licenses were revoked by radio stations who allowed phone calls on the air — without notifying the caller that they were on the air (also a violation of a license mandate)… and I could go on.

I told you a long time ago — violating something like this (even though I disagree in your definition of violating it… I believe they bent the rule, but did not break the rule… but that’s another topic and a disagreement between you and I)… anyhow, violating something like this does not necessarily mean the would have their license revoked. That’s not how it works.

Do yourself a favor and research just how many licenses the FCC has revoked — under the definition of “unfit” (as you allege); you’d be surprised at the answer. IMHO, that is a total over exaggeration on your part.

You and I have had our differences in beliefs for a couple of years now… so I’m not going to rehash this. I happen to think that you over exaggerate much and sometimes see things that are just not there. I continue to believe – and have all along – that you have a long road ahead of you… and that there is a high probability that this is a waste of time and money for you.

demonotaku: If for some reason Hartlieb is successful in having the merger order set aside — the merger would be found to be illegal. And if (for some even odder reason) they are forced to split up… it will kill not only XM, but Sirius too. These companies are too far along to easily split them up. Doing so now will cause total havoc in the business, the company and the stock price. And, IMHO, cause them BOTH to go bankrupt.

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