An NAB challenge to the FCC’s increased scrutiny...
An NAB challenge to the FCC’s increased scrutiny of sharing arrangements should be dismissed because the public notice announcing the processing guidelines was not an FCC final order, the agency argued in a motion to dismiss filed in the U.S.…
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Court of Appeals for the D.C. Circuit Friday. A response to the NAB’s May 12 petition against the guidelines, the FCC filing says, “The Communications Act makes clear that courts lack jurisdiction to review actions taken by FCC staff pursuant to delegated authority.” The NAB petition should also be dismissed because the broadcasters didn’t file for review with the FCC first, and because the FCC hasn’t yet acted on the public notice, said the commission, so NAB “failed to exhaust its administrative remedies."