Federal Communications Commission v. RCA Communications, Inc./Dissent Douglas

Mr. Justice DOUGLAS, dissenting.

I agree with the Court that it is necessary under the Federal Communications Act to establish that the licensing of a competitive service offers a reasonable expectation of some beneficial effect, measured by the public interest. That was indeed the view of the Court of Appeals. But on this record the facts are that

-existing facilities are in excess of those required to     handle present and expected traffic;

-the proposed operations will redistribute present traffic     rather than generate new traffic;

-the proposed service will not lower rates nor speed up     transmission nor improve the existing service in any respect;

-the proposed service will aid Mackay financially and be     detrimental to RCA;

-this is a field where without the proposed service there is     active competition and an excess of facilities to meet      present or expected needs.

I therefore agree with Judge Edgerton's opinion for the Court of Appeals 91 U.S.App.D.C. 289, 201 F.2d 694, that on this showing the Commission acted without authority and that its order should be set aside. On the record before us the facts are so unequivocal that there is no apparent way for the Commission to meet the standard approved both here and below. There is therefore no occasion for a remand. I would affirm the judgment below.