FCC resists NAB political file stay request


GavelThe NAB believes its request to do away with the FCC’s new rule requiring online posting on broadcast television political advertising information is a winner. The FCC disagrees, and after defending those positions at the FCC, they’ve both done the same at the DC Circuit.

The NAB believes it will prevail, and one of the main reasons it that it has been singled out of all media venues insofar as they are being held to the posting requirement.

The organization asked the FCC to stay the rule, which is scheduled to go into effect 8/2/12, on grounds that it was going to win its appeal on the merits.

The FCC refused, so NAB made its case in court and the FCC is taking its stance again. It wrote, “NAB is wholly unable to satisfy the stringent standards for obtaining a stay of the Order pending judicial review – it cannot demonstrate that it is likely to succeed on the merits of its claims, that it will suffer irreparable injury, or that the public interest supports a stay.”

FCC says the requirement to make the information available is already being followed – the only change is the requirement that it now be available online. NAB says it makes it too easy for competitors to access sensitive advertising intelligence that puts the business of broadcast television at a competitive disadvantage.

RBR-TVBR observation: We would guess that the Court will attempt to do something before August 2 – we’ll have our eyes on it.