DC Circ. Weighs Whether FCC Overreached In Broadcast Rule

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By Christopher Cole (April 12, 2022, 8:01 PM EDT) — D.C. Circuit judges seemed open Tuesday to finding that the Federal Communications Commission overstepped its bounds by requiring broadcasters to determine if foreign governments are seeking to sponsor programs on U.S. airwaves.

A three-judge panel suggested it was considering limiting the reach of an FCC rule intended to unmask foreign sponsors through a mandate that licensees name-check content sponsors against a federal database of foreign agents and disclose any red flags.

While not saying they would rule against the FCC, the judges’ line of questioning in oral arguments kept circling back to options of striking down aspects of the disclosure rule….

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