Update: Court Denies NAB Request for Stay of Online TV Public File Rule

It looks like, barring some unanticipated last-minute development, the FCC’s online public file rule for TV stations will take effect on August 2, 2012The U.S. Court of Appeals for the D.C. Circuit has denied the NAB’s effort to get that effective date stayed.

The court’s order – totaling two sentences (not including a citation to a couple of case precedents) – is short and to the point. The NAB’s petition was denied because the NAB had not, in the court’s view, “satisfied the stringent requirements for a stay pending court review.”

With the court’s action, we can probably look forward to a public notice from the FCC very soon, describing the process for uploading materials to the online public file system the Commission has developed. Check back here for updates.

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Tom Taggart - July 29, 2012 6:08 PM

And what happened to the OMB review of the public file rules?

Last activity reported was almost a year ago--see:
"Update: Public Inspection File Inquiry Arrives at OMB" from August 11, 2001.

I suppose the OMB is waiting to see if his majesty is anointed for a second term before they rubber-stamp their approval?

Harry Cole - July 31, 2012 12:29 PM

Tom --

Regrettably, OMB did act on the FCC's request to extend the Paperwork Reduction Act approval of the public inspection file rules for another three years. Last October 19, OMB approved the extension (through October, 2014), provided that "the FCC will continue its work to modernize and streamline the inspection file requirement" during the next three year term. You can see the terse document evidencing the approval at

http://www.reginfo.gov/public/do/DownloadNOA?requestID=237293

OMB issued no explanation for its decision, nor did it address any of the points raised by the NAB and others with respect to the public file rules.

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