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On the twenty-eighth of July, 1965, the Federal Communications Commission issued a "Policy Statement on Comparative Broadcast Hearings" (1965 Policy Statement).' The statement set out certain criteria to be applied in comparative cases, but a footnote to the document stated that it did not attempt to deal with problems raised where an applicant was in a contest with a licensee seeking renewal of his license.2 Nevertheless, almost immediately the concepts of the policy statement came into use in situations where a new applicant was competing with a licensee seeking renewal-a development which might reasonably have been expected because the statutory test to be applied in all license cases is the same.3

FCC Policy and Procedures Relating to Hearings on Broadcast Applications in Which a New Applicant Seeks to Displace a Licensee Seeking Renewal