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The Commission policy was that in a hearing between an incumbent applying for renewal and a mutually exclusive applicant, the incumbent was to obtain a controlling preference by demonstrating substantial past performance without serious deficiencies. If the incumbent prevailed on the threshold issue of substantiality of his past record, all other applications were to be dismissed without a hearing on their own merits. Ps contend that this policy is unlawful under section 309(e) and under Ashbacker. There was no such presumption in the Communications Act nor its Amendments.

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