FCC denied request by Viacom for postponement of deadline for com...
FCC denied request by Viacom for postponement of deadline for company to come into compliance with TV ownership cap as condition for transfer of CBS Corp. and other subsidiaries to Viacom. In its application for interim relief, Viacom had…
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contended that it was likely to prevail in pending challenge to lawfulness of rule itself and argued that it would suffer irreparable injury as result of complying with condition. Rule prohibits grant, transfer or assignment of any TV licence to any entity if it would result in its having cognizable interest in TV stations with aggregate national audience reach exceeding 35%. FCC said to be successful in such request for relief, Viacom must demonstrate: (1) It has substantial likelihood of succeeding on merits. (2) It would suffer irreparable harm with grant. (3) Grant wouldn’t substantially harm others. (4) Relief would be in public interest. Commission concluded that Viacom had failed to demonstrate that postponement was justified. In dissent, Comr. Furchtgott-Roth said that while he reserved judgment on ultimate review of 35% ownership cap, he believed that facts before Commission and recent decision by U.S. Appeals Court, D.C., invalidating Commission’s cable ownership cap warranted interim relief sought by Viacom.