Judge Denies Disney Request To Stop License Reviews

A D.C. Circuit Court judge has denied The Walt Disney Co.’s American Broadcasting Companies, Inc. request for a hearing no later than Tuesday on its motion for a temporary restraining order that would block the FCC from advancing its early license renewal review of all eight ABC Owned Stations.

Judge Loren L. AliKhan rejected the request from Wilkinson Stekloff attorneys representing ABC, which was included in a status report filed Thursday (August 20). Hours later, she issued an order directing the FCC to file its opposition to the TRO motion—and any motion to dismiss—by September 3. 

ABC/Disney then has until September 17 to reply in support of its motion and oppose any dismissal request. A September 24 deadline accounts for further filings from ABC/Disney supporting its motion.

Judge AliKhan

Disney and ABC argued in the status report that the FCC’s claim of “no exigency” is contradicted by its refusal to pause further actions while the matter is briefed and heard. They said they have already documented “the irreparable harm they are suffering” and that the agency’s proposed approach “would further exacerbate those harms.” 

The companies contended the FCC effectively seeks “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.”

While the FCC welcomed the ruling, Washington insiders note it may give Disney/ABC attorneys the upper hand and put FCC Chairman Brendan Carr on notice that the Commission should avoid any precipitous moves.