PrepTest 129, Section 4, Question 5

ApplicationDifficulty3 of 5
Passage 1Public participation in FCC licensing hearings
The questionFull text in your LawHub copy of PrepTest 129

The United States government agency responsible for overseeing(454 more words not shown)

The passage suggests that which(15 more words not shown)

Reading the passage

What did the court case establish? Our basic prediction is that members of the public can challenge a broadcaster's license renewal before the FCC. They no longer need an economic stake just to be heard.

Working the answers

  • A

    Wrong organization. The FCC holds licensing proceedings at which citizens can raise concerns. Broadcasters themselves aren't ordered to hold public meetings.

  • B

    No requirement to consult citizens when choosing programs is established. Being able to challenge a license renewal is different from having a say in each programming decision.

  • C

    This adds a misconduct-based exception that the ruling doesn't establish. Standing rests on representing legitimate community concerns, not on first showing clear misconduct. Also, don't read the ruling as a general requirement that the FCC actively seek public input; the case establishes access for people who wish to participate.

  • D

    This is the tempting overstatement. “Must obtain information” requires the FCC to gather public preferences. The court recognizes citizens' right to challenge a renewal; it doesn't impose that additional information-gathering duty.

  • E
    Correct

    The judge says the church members voiced “legitimate concerns of the community” and should have the right to challenge the renewal. That's standing: permission to take part in the proceeding. E extends that access to community representatives alongside parties with an economic interest.

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