DC Circuit Selected as Venue for Ownership Challenges
The U.S. Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the D.C. Circuit as the venue for appeals of FCC media ownership rules and the 2014 quadrennial review, it said in a consolidation order Thursday.…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Prometheus Radio Project challenged the order in the 3rd U.S. Circuit Court of Appeals, while NAB and the News Media Alliance (see 1611140046) appealed the FCC orders in the D.C. Circuit. Despite the panel’s choice, attorneys connected with the matter have told us the D.C. Circuit is universally expected to transfer the case to the 3rd Circuit, which had retained jurisdiction over the case. The Multicultural Media, Telecom and Internet and Council and the National Association of Black Owned Broadcasters filed a joint appeal of the rules Wednesday, focusing on the FCC's failure to extend rules designed to incentivize diversity in cable procurement to other industries. "Petitioners seek review of this ruling both as arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law and as agency action unreasonably delayed or withheld," the filing said. “Despite representations to the Third Circuit that the FCC Chairman would address this issue in a manner that would allow it to be resolved [in August], the FCC has once again punted the issue,” MMTC and NABOB said. Recounting a call with Media Bureau staff Monday, representatives for Connoisseur Media said in docket 09-182 that it said it was considering filing a petition for reconsideration against the order’s treatment of multiple ownership situations.