Michael Levinson v. Kelly McCullough

MEMORANDUM

Michael S. Levinson appeals the district’s sua sponte order dismissing his complaint for lack of jurisdiction. Levin-son is a presidential candidate. He filed this pro se action in district court, asking the court to declare the Federal Communications Act of 1934, 47 U.S.C. §§ 154 (i), 315(d), unconstitutional to the extent it exempts public broadcasters from the requirements of 47 U.S.C. § 312 (a)(7) that legally qualified candidates be given “reasonable access” to air time. He also sought an order from the district court compelling the Federal Communications Commission (“FCC”) to order the television stations to cease broadcasting until they granted him air time pursuant to 47 U.S.C. § 315 . Levinson does not allege that any of the stations excluded him because of his viewpoint.

The district court held that because “the FCC has exclusive jurisdiction over complaints that a broadcaster has violated 47 U.S.C. § 315 ,” Levinson must exhaust his complaint with the FCC rather than filing suit in district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The district court is correct.

Congress has vested the FCC with authority to enforce and interpret…