Ashbacker Radio Corp. v. Federal Communications Comm
In Ashbacker Radio Corp. v. Federal Communications Comm., 326 U.S. 327, 331-333, 66 S.Ct. 148, 90 L.Ed. 108 (1945) the Supreme Court held that 'the Commission, having before it two applications which are mutually exclusive, (cannot grant) one without a hearing and sets the other for hearing.' 1945, 326 U.S. 327, 328, 66 S.Ct. 148.
The Court pointed out, however, that '(t)he Fetzer application was not conditionally granted pending consideration of petitioner's application.' Id. 326 U.S.at page 331, 66 S.Ct.at page 150.
Moreover, in the Ashbacker case, there was 'no suggestion, let alone a finding, by the Commission that the demands of the public interest were so urgent as to preclude the delay which would be occasioned by a hearing.' Id. 326 U.S.at page 333, 66 S.Ct.at page 151.