DC Circuit Puts on Hold UHF Discount Restoration Order in Stay Not on the Merits
The U.S. Court of Appeals for the D.C. Circuit put on hold for now FCC reinstatement of the UHF discount, which lets broadcasters own TV stations serving a bigger share of the country when they are on the UHF and not VHF band. A short order Thursday evening in Free Press v. FCC ruled the April 20 discount reinstatement "administratively stayed pending further order of the court." The group, Common Cause, Prometheus Radio Project, United Church of Christ and others that often oppose broadcast consolidation had asked the court to vacate restoration of the discount.
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"The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending review and should not be construed in any way as a ruling on the merits," said the order (in Pacer) in docket 17-1129. It asked petitioners to file by 10 a.m. Wednesday a single reply backing the emergency motion. It should be no longer than 3,900 words.
Lawyers don't expect the court to issue a stay on the merits (see 1705300070).
For Free Press, "the administrative stay is welcome," emailed Policy Director Matt Wood. "As the order makes clear, it is not a ruling on our underlying request for a stay of Chairman [Ajit] Pai's bizarre decision to revive this obsolete rule."
The FCC didn't comment right away.