ALJ Extends Deadlines in Auburn Proceeding
FCC Administrative Law Judge Jane Halprin extended the discovery period and other deadlines in Auburn Network’s hearing proceeding to provide more time to resolve conflicts between Auburn and the Enforcement Bureau over what documents must be produced, said an order…
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in docket 21-20 (see 2108020046). Discovery was to conclude Aug. 16 but is extended to Oct. 15. The affirmative case is now due Nov. 30, the responsive case Jan. 18, and the deadline to request oral hearing has moved to Feb. 22. “Additional extension of these deadlines is not anticipated absent a showing of extraordinary circumstances,” the order said. The additional time is partly to allow Auburn to recast its interrogatories to comply with Halprin’s ruling that confidential documents the broadcaster seeks about interactions between the EB and Media Bureau can be requested only via the Freedom of Information Act. Auburn seeks to argue that the process leading to the hearing designation order was improper, the order said. Halprin “does not have authority to rule on what appears to effectively be an application for review of the Hearing Designation Order,” the order said. Wednesday’s order is intended to “re-focus” remaining discovery requests on information relevant to the impact of Auburn owner Michael Hubbard’s felonies on the company’s fitness to hold a license, the order said. Halprin denied EB’s request for a status conference as no longer necessary.