FCC Restoration of UHF Discount Was Arbitrary, Public Interest Groups Tell DC Circuit
The U.S. Court of Appeals for the D.C. Circuit should overturn FCC restoration of the UHF discount, said Free Press, the United Church of Christ Office of Communications, Common Cause and other groups in their initial brief challenging restoration of…
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the rule. The technical reasons for the original UHF discount rule no longer apply, and the FCC doesn’t have the authority to alter the national ownership cap, they said. That makes restoring the discount “arbitrary and capricious,” the groups said. The brief challenged the FCC’s connection of its action on the discount to a future proceeding that would look at the national cap: “Even if had authority, it could be years before this yet-to-be launched proceeding could be completed.” Public interest groups had sought to have the restoration of the discount stayed but were rejected by the court (see 1706150033).