FCC asks judge to reject Disney lawsuit over ABC’s licensing

Lawyers for the Federal Communications Commission are asking a federal judge to throw out Disney and ABC’s lawsuit seeking to block the agency from continuing its early review of the network’s broadcast licenses.In a filing Thursday, FCC lawyers argued that Disney’s lawsuit is premature because the agency has not yet decided whether to take any enforcement action against the company. They said halting the process now would prevent the commission from fully investigating allegations that Disney and ABC violated federal law.“The renewal process in progress does not abridge or otherwise affect Plaintiffs’ rights,” the FCC wrote. “Licensees with pending renewal applications are entitled to continue operating without interruption during the license period for the duration of the renewal proceeding—even were it to result in a hearing.” The agency argued that granting Disney’s request for an injunction would “only hobble the Commission’s efforts to investigate and resolve serious allegations that Disney has engaged in unlawful discrimination” and determine whether its stations are serving the public interest.The FCC instead asked the court to reject Disney’s request for a preliminary injunction that would prevent the agency from referring the licenses to a public hearing.“Granting Plaintiffs’ request would mean taking administrative processes off the table before the Commission has seen and analyzed the voluminous evidence,” the agency wrote.The legal fight stems from a lawsuit Disney and ABC filed in August against the FCC, accusing the agency of violating their First Amendment rights by ordering an early renewal review of all eight of Disney’s ABC-owned broadcast stations. The stations’ licenses ordinarily would not be up for renewal until 2028 at the earliest. But FCC Chairman Brendan Carr ordered Disney to submit the renewal applications years ahead of schedule, citing an ongoing investigation into whether Disney and ABC engaged in prohibited discrimination.Meanwhile, Disney and ABC contend that the FCC’s actions are part of a retaliatory campaign over the network’s programming and editorial decisions.ABC AIRS ANTI-FCC AD CAMPAIGN ON THE VIEW AS AGENCY INVESTIGATES TALK SHOWThe FCC has rejected that characterization, maintaining that the license review is tied to its discrimination investigation and is unrelated to programming decisions involving ABC, including the network’s morning show The View or late-night host Jimmy Kimmel. U.S. District Judge Loren AliKhan has scheduled a hearing on Disney and ABC’s request for a temporary restraining order and preliminary injunction for Oct. 6.