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F.C.C. Seeks Dismissal of ABC License Lawsuit

New York Times Business •
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The Federal Communications Commission asked the federal court in Washington on Thursday to dismiss a lawsuit from ABC, disputing the network’s claim that the agency was conducting an “extraordinary assault” against its free speech rights. ABC sued the F.C.C. last month over its efforts to possibly strip the network’s local broadcasting licenses. The agency made its case largely on technical, legal grounds and argued that ABC’s court challenge was premature because the agency hadn’t yet moved to strip the licenses.

The F.C.C. has been at the forefront of actions involving ABC, which is owned by the Walt Disney Company and regularly draws presidential fury. ABC owns and operates eight local stations across the country, including in major markets like New York and Los Angeles. They can operate only with licenses controlled by the F.C.C. The agency called for an unusual, early review of those licenses in April, citing an ongoing investigation into ABC’s diversity and inclusion practices.

Typically, the network would wait for the agency to move to revoke the licenses before it challenged the decision in an appellate court. But ABC filed for an emergency stay of the F.C.C. activity in U.S. District Court, arguing that the agency was using the regulatory process itself to abridge its speech rights. In its motion, the F.C.C. asserted that ABC was trying to use the court to short-circuit the regulatory process and the investigation into the network’s practices.

The filing also highlighted comments from Brendan Carr that the agency is keeping an open mind on the subject. Judge Loren L. Ali Khan, who is presiding over the case, has set a hearing for the week of Oct. 5.