United States v. Peninsula Communications, Inc.

• Peninsula Communications, Inc. (“Peninsula”), owner of several Alaska radio stations, appeals the district court’s orders denying its motions to dismiss for lack of subject matter jurisdiction, denying its motions to stay, and issuing a preliminary injunction ordering it to cease operation of certain of its stations. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.

I.

Factual and Procedural Background

The United States sued Peninsula below for an injunction requiring Peninsula to comply with an order by the Federal Communications Commission (“FCC”) that Peninsula cease operating seven FM translator radio stations. The Government filed its suit under the authority of Section 401 of the Communications Act of 1984, 47 U.S.C. § 151 et seq., which permits the United States Attorney General to apply to federal district courts for injunctions to enforce orders of the FCC.

Peninsula is an Alaskan broadcasting company that owns nine translators as well as the translators’ two primary FM stations. Until 1990, Peninsula’s ownership of both the translators and their primary stations was permitted by FCC licensing rules. In that year, however, the FCC revised 47…