A three-judge panel of the federal court of appeals in Washington dismissed a challenge to the FCC vote last fall to restore the UHF discount. As a result, the UHF discount remains in place while the FCC continues its review of the national cap. The court did not set a deadline for the FCC’s cap review. The National Association of Broadcasters was an intervenor in the litigation supporting the FCC.
In its decision, the Court did not reach the merits of the FCC’s reinstatement order, but instead dismissed the appeal because the public advocacy groups had not established “standing.” That is, they did not show, as required, that at least one of their members stood to be injured as a result of the FCC’s order. Therefore, the UHF discount will remain in effect until such time as the FCC decides to eliminate or alter it.