FCC Wins UHF Discount Appeal

The U.S. Court of Appeals for the D.C. Circuit upheld FCC reinstatement of the UHF discount, denying anti-consolidation groups’ petition for review because they didn’t show sufficient standing, according to a judgment (in Pacer) issued Wednesday morning. Some had thought the FCC might lose the case, based on oral argument, but standing was always a question.

Petitioners including Free Press and Prometheus Radio Project had argued members would be adversely affected by the media consolidation the restored discount would permit, but their proof was insufficient, a three-judge D.C. Circuit panel ruled. “The record did not contain -- and petitioners’ initial submissions failed to provide -- evidence that any member of any petitioner organization is a viewer in an affected market or otherwise stands to be injured by the identified consolidation.”

The decision "does not bear on the validity of the Trump FCC decision to reimpose that rule," responded Cheryl Leanza, policy adviser to the United Church of Christ, Office of Communications, another challenger. "The D.C. Circuit's per curium decision was on a technical point, unique to the D.C. Circuit, that standing (i.e. concrete and specific harm to petitioners) must be shown in petitioners' initial filing. ... While disappointing, this decision does not bear on the other cases pending and to come if the Commission's decision-making process continues down its present path of arbitrary, capricious and extra-legal decision-making."

FCC spokespeople didn't comment right away.