Enforcement Bureau Seeks Reversal of ALJ's Auburn Licenses Decision
Administrative Law Judge Jane Halprin's decision that Auburn Network’s broadcast licenses won’t be revoked over owner Michael Hubbard’s felony convictions (see 2205090059) ignores FCC policy and creates "a dangerous precedent," the FCC Enforcement Bureau said in docket 21-20 Thursday, asking…
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the full commission for a reversal. It said the judge used multiple wrong legal standards for determining Hubbard’s corruption convictions for public corruption weren't disqualifying, and the decision ignores all the evidence in the record concerning mitigating factors. It said by not striking evidence Auburn submitted after the discovery period closed, Halprin's decision leaves open the possibility future cases could have parties introducing evidence in its written case submissions that couldn't be investigated by the other party -- "a dangerous precedent for allowing 'trial by ambush,'" the bureau said. It asked the commission to provide guidance "concerning the admissibility of 'ambush' evidence ... in hearings conducted on a written record to ensure future hearings adhere to procedural safeguards that reflect well-settled principles of fairness."