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D.C. Circuit Rejects Stay of UHF Discount

The U.S. Court of Appeals for the D.C. Circuit has rejected public interest groups’ request for an emergency stay of the FCC’s restoration of the UHF discount, and ended the administrative stay of the rule. “Petitioners have not satisfied the…

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stringent requirements for a stay pending review,” said the order, issued Thursday. “This is not very surprising, since stays are rarely granted. However, it is extremely disappointing,” said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who represented Free Press, Prometheus Radio Project, the National Hispanic Media Coalition, Prometheus Radio Project and the other groups in the case. Since the restored discount’s effective date of June 5 passed during the administrative stay, the rule is effective immediately, an FCC spokesman told us. “We are pleased by the court's decision,” the spokesman said. The case will continue on the merits, attorneys told us.