The U.S. Court of Appeals for the D.C. Circuit dismissed the Standard/Tegna broadcasters' appeal of the FCC’s hearing designation order (HDO), but expedited their petition for mandamus relief. It also ordered the FCC to respond to the petition by April 11, said an order Monday.
The U.S. Court of Appeals for the D.C. Circuit dismissed the Standard/Tegna broadcasters' appeal of the FCC’s hearing designation order (HDO), but expedited their petition for mandamus relief. It also ordered the FCC to respond to the petition by April 11, said an order Monday.
The FCC ignored precedent, the Administrative Procedure Act and its own rules when it issued the 2020 wireless infrastructure declaratory ruling (see 2303100069), said the League of California Cities (LOCC), the cities of Boston, Los Angeles and Seattle, and numerous other entities in two reply briefs filed with the 9th U.S. Circuit Court of Appeals.
The U.S. Court of Appeals for the D.C. Circuit should take up the Standard/Tegna broadcasters’ appeal of the FCC’s HDO, said NAB in an amicus filing Thursday. “This Court should treat this order according to its intent and effect—a de facto final denial of the license application—and hear the appeal,” NAB said in the brief filed late Thursday. Refusal to act is itself an agency final action, said the Standard/Tegna broadcast parties in a filing opposing the FCC’s motion asking the U.S. Court of Appeals for the D.C. Circuit to dismiss their appeal (see 2303280072). The FCC Media Bureau’s action “on gossamer evidence” injects “untenable unpredictability into license transfer applications,” NAB said.
The U.S. Court of Appeals for the D.C. Circuit should take up the Standard/Tegna broadcasters’ appeal of the FCC’s HDO, said NAB in an amicus filing Thursday. “This Court should treat this order according to its intent and effect—a de facto final denial of the license application—and hear the appeal,” NAB said in the brief filed late Thursday. Refusal to act is itself an agency final action, said the Standard/Tegna broadcast parties in a filing opposing the FCC’s motion asking the U.S. Court of Appeals for the D.C. Circuit to dismiss their appeal (see 2303280072). The FCC Media Bureau’s action “on gossamer evidence” injects “untenable unpredictability into license transfer applications,” NAB said.
FCC regulations on broadcasting, telephony and accessibility will “become increasingly hollow shells of themselves” unless Congress decides to what degree the FCC should “move into the app ecosystem,” said Commissioner Nathan Simington at this week’s Free State Foundation Conference. Panelists at the event, including Commissioner Brendan Carr, also discussed broadband deployment and definitions, and the agency’s spectrum authority. The FCC “isn’t currently regulating the edge space, but that doesn’t have to last forever,” Simington said.
NAB will take the FCC to court unless it delays the 2022 quadrennial review and concludes the 2018 QR, said an ex parte filing Wednesday and broadcast industry officials in interviews, “The Commission has no lawful basis for withholding the belated 2018 review, and that failure independently threatens the viability of the 2022 review,” said the filing in docket 22-459. Multiple broadcast attorneys said the trade group is resolved to pursue the matter in court and without FCC action NAB will petition the U.S. Court of Appeals for a writ of mandamus. The filing gives the agency until April 12 to toll the 2022 QR proceeding and conclude the 2018 iteration. It’s not likely the FCC will agree to the request, attorneys said.
NAB will take the FCC to court unless it delays the 2022 quadrennial review and concludes the 2018 QR, said an ex parte filing Wednesday and broadcast industry officials in interviews, “The Commission has no lawful basis for withholding the belated 2018 review, and that failure independently threatens the viability of the 2022 review,” said the filing in docket 22-459. Multiple broadcast attorneys said the trade group is resolved to pursue the matter in court and without FCC action NAB will petition the U.S. Court of Appeals for a writ of mandamus. The filing gives the agency until April 12 to toll the 2022 QR proceeding and conclude the 2018 iteration. It’s not likely the FCC will agree to the request, attorneys said.
NAB will take the FCC to court unless it delays the 2022 quadrennial review and concludes the 2018 QR, said an ex parte filing Wednesday and broadcast industry officials in interviews, “The Commission has no lawful basis for withholding the belated 2018 review, and that failure independently threatens the viability of the 2022 review,” said the filing in docket 22-459. Multiple broadcast attorneys told us the trade group is resolved to pursue the matter in court, and without FCC action NAB will petition the U.S. Court of Appeals for a writ of mandamus. The filing gives the agency until April 12 to act to toll the 2022 QR proceeding and conclude the 2018 iteration. It’s not likely the FCC will agree to the request, attorneys told us. The agency didn't immediately comment.
Standard General, Tegna and Cox Media Group, in court filings Monday challenging the FCC’s hearing designation order (HDO), targeted the FCC’s merger review process, Holly Saurer’s dual role as Media Bureau chief and as Chairwoman Jessica Rosenworcel’s media adviser, and the FCC’s administrative law judge. The companies are seeking a ruling from the U.S. Court of Appeals for the D.C. Circuit by April 21.