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Enforcement Bureau Signs Off on Terminating Sinclair ALJ Hearing; Judge Must Rule

The FCC Enforcement Bureau doesn’t oppose the termination of the Sinclair/Tribune hearing proceeding or the withdrawal of the assignment applications, said Bureau Chief Rosemary Harold in a response posted in docket 17-179 Friday. “Before the hearing can be terminated, the…

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Chief Administrative Law Judge must dispose of the designated applications,” the filing said. In what Harold called “an oversight,” Sinclair didn’t ask for such relief from the ALJ, but she said that “the Bureau understands from the pleading that it is Sinclair's intention to have the designated applications dismissed with prejudice.” Despite Harold’s endorsement for dismissing the proceeding, it’s possible that issues raised in the hearing designation order could still dog Sinclair, broadcast attorneys said (see 1808090042). Sinclair called on the ALJ to terminate the hearing process in a motion posted Thursday. “Given that the merger agreement has been terminated, and that Sinclair and Tribune are no longer pursuing the transaction and will not seek to re-file the applications, Sinclair requests that the Presiding Judge terminate the hearing,” Sinclair said. Sinclair’s formal withdrawal of the applications “with prejudice” was also posted Thursday. Broadcast attorneys said by withdrawing with prejudice, Sinclair is saying the matter is unresolved. The FCC declined to comment on the matter.