Quadrennial Challenges Oral Argument Set for Dec. 3

The U.S. Court of Appeals for the D.C. Circuit will hear oral argument Dec. 3 on a challenge to the FCC 2014 quadrennial review rulemaking and the rule on attribution of joint sales agreements (JSAs), said an order filed Wednesday. The case stems from a 2014 challenge by broadcast company Howard Stirk Holdings to the rule that makes JSAs where one station is responsible for over 15 percent of another’s ad sales attributable for ownership calculations (see 1406040063). The JSA rule is “arbitrary and capricious” and violates the Administrative Procedure Act, HSH said in its initial filing. HSH had applied for the first waiver under the new JSA rules to allow it to participate in Sinclair's buy of Allbritton Communications TV stations. Sinclair announced a restructuring of that deal to comply with the new JSA regulations, which HSH said it means it couldn't participate even with a waiver it sought on public interest grounds as one of the few remaining broadcast operations owned by an African American.