Standard/Tegna Broadcasters Appeal HDO to D.C. Circuit

The broadcasters involved in the Standard/Tegna deal filed a notice of appeal and a petition for mandamus with the U.S. Court of Appeals for the D.C. Circuit challenging the FCC’s hearing designation order. The companies had said they would appeal to the courts if the commissioners didn’t vote on the deal by Monday. “The Hearing Order is a final denial warranting this Court’s review,” said the appeal notice, filed in docket 23-1083. “After nearly a year of slow-rolling the applications, the Media Bureau ordered a hearing on legally irrelevant topics with full awareness that it would spell the end for the applications.” As the broadcasters had cautioned the FCC, the appeal challenges the constitutionality of the FCC’s administrative law judge and argues the FCC’s decision was arbitrary, capricious and outside its jurisdiction. The writ of mandamus, which was filed separately in docket 23-1084, urges the court to compel the FCC to issue an order on the deal, but the broadcasters told the court the mandamus was filed “out of an abundance of caution” and appealing the HDO as a final order is “the proper vehicle. The broadcasters have said their deal will unravel if it isn’t consummated by May 22.