federal communications pottsville argued january decided january robert jackson sol petitioner charles drayton eliot lovett washington respondent justice frankfurter delivered opinion issued writ mandamus federal communications commission important issues administrative law involved brought case called upon ascertain enforce spheres authority congress given commission courts respectively scheme tion radio broadcasting communications act stat amended act may stat et et seq adequate appreciation facts presently summarized requires set legislative framework essentials communications act derives federal radio act stat amended stat act congress order protect national interest involved new science broadcasting formulated unified comprehensive regulatory system industry common factors administration various statutes congress supervised different modes communication led creation act communications commission objectives legislation remained substantially unaltered since congress moved spur widespread fear absence governmental control public interest might subordinated monopolistic domination broadcasting field avoid congress provided system permits licenses licenses granted longer three years communications act title iii license create right beyond terms conditions periods license ibid granting withholding permits construction stations granting denying modifying revoking licenses operation stations convenience interest necessity touchstone exercise commission authority criterion concrete complicated factors judgment field delegated authority permit serves supple instrument exercise discretion expert body congress charged carry legislative policy necessarily therefore subordinate questions procedure ascertaining public interest commission licensing authority scope inquiry whether applications heard contemporaneously successively whether parties allowed intervene one another proceedings similar explicitly implication left commission devising long course observes basic requirements designed protection private well public interest title underlying whole law recognition rapidly fluctuating factors characteristic evolution broadcasting corresponding requirement administrative process possess sufficient flexibility adjust factors thus highly significant although investment broadcasting stations may large license may issued three years deciding whether renew license deciding whether issue first place commission must judge standard convenience interest necessity communications act designed primarily new code adjustment conflicting private rights adjudication rather expresses desire part congress maintain appropriate administrative control grip dynamic aspects radio transmission background facts present case fall proper perspective may pottsville broadcasting company respondent sought commission permit title iii construction broadcasting station pottsville pennsylvania commission denied application two grounds respondent financially disqualified applicant sufficiently represent local interests community proposed station serve denial application respondent appealed tribunal withheld judgment second ground commission decision deem controlled commission judgment finding commission conclusion regarding respondent lack financial qualification based erroneous understanding pennsylvania law appeals reversed decision ordered remanded communications commission reconsideration accordance views expressed pottsville broadcasting federal communications commission following remand respondent petitioned commission grant original application instead commission set argument respondent application along two rival applications facilities latter applications filed subsequently respondent hearings held commission consolidated proceeding still undisposed respondent case returned commission three applications facilities thus facts regarding theretofore explored appropriate procedure commission directed three set argument determine comparative basis judgment commission best serve public interest stage proceedings respondents sought obtained appeals writ mandamus review writ commanded commission set aside order designating respondent application hearing comparative basis two hear reconsider application pottsville broadcasting company basis record originally made accordance opinions appeals original review mandamus proceedings pottsville broadcasting federal communications commission appeals invoked commission familiar doctrine lower bound respect mandate appellate tribunal reconsider questions mandate laid rest see sanford fork tool petitioner proposition indisputable tell us issues laid rest compare sprague ticonic bank interpretation scope mandate necessarily conclusive sure issues mandate normally best judge content general theory author document ordinarily authoritative interpreter purposes even true lower interpretation mandate controlling compare morgan therefore foreclosed interpretation appeals gave mandate even directed lower much deeper issue however involved mandate administrative agency issue relationship federal courts inter relationship defined largely courts due observance courts distribution authority made congress power regulate commerce reviewing power conferred upon courts article iii constitution review federal action lower one phase single unified process extent federal authorized review administrative act superimposed upon enforcement legislative policy administrative control different process administrative action review ensued technical rules derived interrelationship judicial tribunals forming hierarchical system taken environment mechanically applied determine extent congressional power exercised delegated agency controlled within limited scope power conferred congress constitution courts like organisms represent interplay form function history courts less narrowly defined range staple business determined basic characteristics trial procedure rules evidence general principles appellate review modern administrative tribunals outgrowth conditions different large degree response felt need governmental supervision economic supervision effectively exercised neither directly legislation judicial process movement natural extension inevitable quarter century ago opinion eminent spokesmen law perhaps striking characteristic movement investiture administrative agencies power far exceeding different conventional judicial modes adjusting conflicting whereby interested litigants define scope inquiry determine data judicial judgment ultimately based administrative agencies power initiate inquiry authority invoked control range investigation ascertaining satisfy requirements public interest relation needs vast regions sometimes whole nation enjoyment facilities transportation communication essential public services differences origin function preclude wholesale transplantation rules procedure trial review evolved history experience courts thus recognized bodies like interstate commerce commission whose congress cast recent administrative agencies narrowly constrained technical rules admissibility proof interstate commerce commission baird free fashion rules procedure pursue methods inquiry capable permitting discharge multitudinous duties compare new england divisions case sure laws agencies operate prescribe fundamentals fair play require ested parties afforded opportunity hearing judgment must express reasoned conclusion assimilate relation administrative bodies courts relationship lower upper courts disregard origin purposes movement administrative regulation time disregard traditional scope however judicial process unless vital differentiations functions judicial administrative tribunals observed courts stray outside province read laws congress distorting lenses inapplicable legal doctrine radio act originally passed appeals authorized reviewing action radio commission revise decision appealed enter judgment may seem radio act stat thereby appeals constituted superior revising agency field radio commission acted federal radio comm general electric since power thus given administrative rather judicial appellate jurisdiction invoked federal radio comm general electric supra lay basis review congress amended terminate administrative oversight appeals stat contrast previous grant authority restricted purely judicial review commission applies legislative standards validly set whether acts within authority conferred goes beyond whether proceedings satisfy pertinent demands due process whether short compliance legal requirements fix province commission govern action appropriate questions judicial decision federal radio nelson review may thus correct errors law remand commission bound act upon correction federal power pacific administrative determination imbedded legal question open judicial review impliedly foreclose administrative agency error corrected enforcing legislative policy committed charge cf ford motor labor board commission responsibility times measure applications standard convenience interest necessity commission originally found respondent application inconsistent public interest erroneous view regarding law pennsylvania appeals laid bare error compelling obedience correction exhausted power congress gave point commission charged duty judging application light convenience interest necessity fact first disposition commission committed legal error create rights priority respondent later applicants otherwise possessed congress confer priority done appeals write principle priority statute indirect result power scrutinize legal errors first allowable series administrative actions implication curtailed review allowed communications act war basic policy underlying statute mean practical purposes contingencies judicial review litigation rather public interest decisive factors determining several pending applications granted however urged upon us matters administrative discretion remain open determination remand reversal succession single determinations upon single legal issues possible resulting delay hardship applicant always easy conjure extreme even oppressive possibilities exertion authority courts charged general guardianship potential mischief complicated tasks government present case makes timely reminder ultimate guardians liberties welfare people quite great degree courts missouri kansas texas ry may congress creates sustains agencies must trusted correct whatever defects experience may reveal interference courts conducive development habits responsibility administrative agencies courts know small measure product historic process judgment reversed directions dissolve writ mandamus dismiss respondent petition reversed justice mcreynolds concurs result footnotes legislative history act see sess summary operation previous regulatory laws may found herring gross telecommunications pp since beginning regulation act comparative considerations governed application standards convenience interest necessity laid law commission desires point interest convenience matter comparative absolute standard applied broadcasting stations since number channels limited number persons desiring broadcast far greater accommodated commission must determine among applicants licensed best serve public measure perhaps give less service give least however must sacrificed give emphasis must first foremost interest convenience necessity listening public interest convenience necessity individual broadcaster advertiser second annual report federal radio commission pp see maitland constitutional history england pp landis administrative process passim see instance address elihu root president american bar association one special field law development manifestly become inevitable entering upon creation body administrative law quite different machinery remedies necessary safeguards old methods regulation specific statutes enforced courts withdrawal experiments shall go shall expand whether approve theoretically agencies furnish protection rights obstacles wrong new social industrial conditions practically accomplished old simple procedure legislatures courts last generation see lowden decided december herring public administration public interest passim communications commission rules practice rule provided commission far practicable endeavor fix date hearing applications present conflicting claims excepting however applications filed application designated hearing respondent contends seemed believe rule bound commission give respondent consideration application set hearing later rival applications filed commission interprets rule simply governing order applications shall heard touching upon order shall acted upon manner shall considered interpretation binding upon courts american tel tel