FCC administrative law judge Basil P. Cooper in 1970 ruled that Gross had trafficked in the permit but granted the time extension. However, the FCC's review board, later joined by the full commission, reversed the initial decision in 1972 and denied the application for more time to build the station. A year later, however, the commission granted authority to extend the permit in order to consider the 1967 application to sell it to USIU, finding that Gross's actions did not merit immediate disqualification and would unfairly harm USIU.