1. Of principal interest in the USA but worth comparing for judicial review purposes generally - the courts had no jurisdiction because Kucinich had not exhausted his remedies with the FCC. Of course had he made an FCC complaint instead it would have been months before anything happend, so in practice that is a denial of a remedy.
2. There was no "consideration" to support a contract. Many jurisdictions find the Anglo-American insistence on "consideration" anomalous. The New Zealand and Australian courts have criticised it, it has no part in Roman-Dutch or Code Napoleon laws (including Scotland), the English Courts watered it down a lot recently in Williams -v- Roffey as far as variation of contracts is concerned (and the Californian courts take it that consideration is not necessary for a variation). Some English academics were expecting the US to produce the next big break with "consideration" doctrines - but I guess this was not it.
3. Promissory estoppel would not provide a substitute for consideration. That is probably consistent with the view that estopel is a shield and not a sword, but again some academics were expecting the USA to take the next step in the development of promissory estoppel (pioneered by Lord Denning in "High Trees House.