UHF Discount Restoration Arbitrary, Capricious, Say Public Interest Groups
The FCC doesn't have authority to modify the national ownership cap, and even if it did, it would be "arbitrary and capricious to leave a concededly obsolete and irrational policy in place on the assumption that it prejudges the outcome…
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of a future proceeding, likely to be voted upon by a newly composed 5 member Commission," said Common Cause, the United Church of Christ and Georgetown Law Institute for Public Representation in a meeting with an aide to Commissioner Mignon Clyburn Friday, according to an ex parte filing in docket 13-246. Since it's not clear the future proceeding will end with a changed national cap, the commission shouldn't restore the technically obsolete UHF discount, they said. "It is entirely possible that once the Commission obtains and examines the record of this as-yet to be initiated proceeding, a majority will ultimately conclude that the national ownership cap cannot and/or should not be modified," said the filing. "The notion of leaving ownership rules in place pending the outcome of a future rulemaking is inconsistent with established Commission ownership waiver policies." The FCC is expected to restore the UHF discount at commissioners' April 20 meeting (see 1703300066).