Federal judges Friday upheld the Federal Communications Commission's June
2001 decision awarding a Biltmore Forest, N.C., FM license to Liberty
Competing bidders that lost at auction to Liberty argued that the company was not
qualified because an FCC administrative judge found that it misrepresented technical
capabilities in a previous attempt to acquire the license and because it
improperly received a bidding credit for new entrants.
The appeals court ruled that FCC commissioners were within their authority to
overrule the agency judge on the misrepresentation count and to deem Liberty
eligible for the bidding credit.