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NAB Asks Court to Stay FCC Foreign Programming Disclosure Rules

FCC seal
(Image credit: FCC)

WASHINGTON D.C.—The National Association of Broadcasters (NAB), the Multicultural Media, Telecom and Internet Council (MMTC) and the National Association of Black Owned Broadcasters (NABOB) have filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit requesting the Court stay the Federal Communications Commission (FCC) order mandating disclosures for foreign government-sponsored programming pending full judicial review of the order. 

The groups had filed a lawsuit with the court challenging the order in August and in September asked the FCC to delay enforcement of the foreign disclosure rules until the court had ruled. The FCC denied that request on December 8. 

In the recently filed brief to stay the order, the groups asks for a stay pending completion of the judicial review of the order, saying the FCC lacks the authority to impose the investigatory requirements mandated by the order, lacked justification for its rules and failed to address the problems with undisclosed foreign governmental programming on cable systems and the Internet, which is where the issue primarily exists.

The FCC voted in April of 2021 to require broadcasters to disclose leased-time programming that had been supplied by a foreign government. The rule, which was passed unanimously by the FCC, came in the wake of heightened scrutiny around foreign interference in U.S. elections.

The full brief by the NAB and other plaintiffs can be found here.

George Winslow

George Winslow is the senior content producer for TV Tech. He has written about the television, media and technology industries for nearly 30 years for such publications as Broadcasting & Cable, Multichannel News and TV Tech. Over the years, he has edited a number of magazines, including Multichannel News International and World Screen, and moderated panels at such major industry events as NAB and MIP TV. He has published two books and dozens of encyclopedia articles on such subjects as the media, New York City history and economics.