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ATVA: Rise in Retrans Rates Part of Public Interest Standard

The FCC Media Bureau’s analysis of the retransmission consent issues of the Standard/Tegna deal “was entirely consistent with its delegated authority” and agency past practice, said the American Television Alliance in an amicus brief filed in U.S. Court of Appeals…

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for the D.C. Circuit docket 23-1084 Wednesday. ATVA sought permission to file the brief late Tuesday. “The record in this proceeding strongly supports the challenged Hearing Order,” ATVA said. The broadcasters “have the law backward,” ATVA said. “It is not arbitrary and capricious to consider such potential consumer price increases under the ‘public interest’ standard, but, at least in some circumstances, it might be arbitrary and capricious to decline to do so.” A response from the broadcasters defending their request for a writ of mandamus is expected Friday.