Does Denial Of ABC's Expedited Hearing Ask Aid FCC Fight?

A D.C. federal district court judge appointed by President Biden in December 2023 who left high school at age 15 to attend Bard College at Simon's Rock in the Berkshires of Massachusetts has declined the request by The Walt Disney Co.'s American Broadcasting Companies, Inc., to hold a hearing no later than August 25 on its motion for a temporary restraining order preventing the FCC from moving forward with its early license renewal review of all eight ABC Owned Stations properties.

While the FCC is pleased, there's much talk among Washington insiders that the ruling is exactly what gives Disney/ABC attorneys the upper hand -- and puts Brendan Carr on notice that the Commission should not do anything too soon.

Judge Loren L. AliKhan said no a request from Wilkinson Stekloff attorneys representing ABC included in a status report submitted to the court early in the day on Thursday (8/20). As the Disney unit stated in the report, the Federal Communications Commission's assertion that there is "no exigency" is "belied by their refusal to agree to halt any further actions against [Disney/ABC] while this matter is briefed and heard."

Further, Disney and ABC asserted that they have already documented "the irreparable harm they are suffering," and that the FCC's proposed solution "would further exacerbate those harms." Thus, they argued, the FCC effectively seek[s] permission to impose draconian sanctions with only 48 hours' notice, while continuing to hang the threat of those sanctions over plaintiffs' heads and remaining free to engage in other forms of retaliation."

AliKhan was not swayed by the request. Hours later, she issued a "Minute Order," in which she plainly ordered the FCC to file their opposition to ABC/Disney's motion for a Temporary Restraining Order and any motion to dismiss the Commission may wish to submit on or before September 3.

From there, ABC/Disney has until September 17 to file any reply in support of their motion and an opposition to the FCC's motion to dismiss the case.

A September 24 deadline would then take into account any filings from ABC/Disney in support of their motion.

The biggest takeaway: ABC/Disney and FCC get to contact Courtroom Deputy Margaret Pham to schedule a hearing on the motions during the week of October 5 -- considered a win for the Carr Commission.

The only thing that would amend the schedule is if the FCC's Media Bureau under acting Bureau Chief Alex Sanjenis would issue a Hearing Designation Order putting the early license renewal of the eight ABC Owned Stations under an Administrative Law Judge's review.

If that happens, Disney/ABC and the FCC are ordered to appear in court the following day at a time to be determined by AliKhan to hear arguments on whether the TRO should be issued.

The FCC reacted to AliKhan's rebuff of an expedited hearing schedule by noting it was pleased the judge rejected "Disney's meritless attempt to rush into court."

However, by midday Friday multiple legal experts in Washington had contacted RBR+TVBR to state that AliKhan's order is effectively a TRO, and that a preliminary injunction is very much in her sights.

Thus, they opine, AliKhan did not deliver "Round 1 to FCC Chairman Brendan Carr" as former ACA Connects public relations head turned D.C. wonk Ted Hearn stated in his Policyband blog on Friday.

The order from AliKhan comes in response to ABC/Disney's filing of the lawsuit earlier this week on the grounds that the entire early license renewal process was a First Amendment violation, and a retaliatory action directed by the Trump Administration, which has spoken out against ABC's "Jimmy Kimmel Live!" and "The View" for content it has been openly critical of.