Administrative Judge Bucks Media Bureau on Three Cable Cases
The FCC’s chief administrative law judge bucked the Media Bureau in an order that reasserts his authority over three cable carriage complaints taken back by the bureau, industry lawyers said. Judge Richard Sippel’s order Tuesday said deadlines for discovery and other procedures in the case set by him Dec. 12 require compliance. Late last month, the bureau said Sippel’s authority over cases by three independent programmers against four cable operators lapsed when he failed to act by the bureau’s deadline. Cable operators Bright House, Comcast, Cox and Time Warner Cable asked Sippel to hew to the schedule in the cases, as they asked the full commission to stay the bureau’s orders (CD Jan 5 p5).
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“Petitions to the Commission to stay unpublished Media Bureau termination orders released 24 and 31 December” raise issues that “now are before the Commission and ripe for resolution,” Sippel wrote. “Expedited discovery and procedural dates previously set require and deserve compliance by all parties, especially those parties seeking expedited adverse findings and substantive relief.” Plaintiffs are the Mid-Atlantic Sports Network, NFL and WealthTV. Officials from all three programmers declined to comment. Sippel didn’t reply to a message, and an ALJ official earlier declined to comment.
Sippel’s order signals his belief in his continued authority over the case and flies in the face of the bureau’s orders, said two industry lawyers. The commission ultimately may have to resolve the cases because both the bureau and the judge are asserting authority, an attorney said. The FCC “is reviewing the order,” said an agency spokeswoman, declining to answer questions.
Non-government participants in the cases were ordered to file by 4 p.m. Wednesday status reports on the types of documents to be requested during discovery, names of people who may be deposed and other matters. Comcast and Cox officials declined to comment on the order, and officials at Bright House and Time Warner Cable didn’t reply to messages seeking comment. The NCTA declined to comment.