D.C. Circuit Petitioner Seeks Reversal of FCC’s OTARD Rules on APA Grounds
Indian Peak Properties is to submit by Sept. 20 a docketing statement, plus other documents in support of its petition for review challenging the FCC's over-the-air reception device rules on Administrative Procedure Act grounds, said a clerk’s order Monday (docket…
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23-1223) at the U.S. Court of Appeals for the D.C. Circuit. FCC staff rulings promulgated at least two new "substantive" OTARD rules “that are inconsistent with relevant FCC orders,” said Indian’s petition Friday. Under the APA, the newly promulgated OTARD rules “require notice-and-comment rulemakings to be effective,” it said. The FCC staff rulings violated the APA by setting new policy “without the benefit of requisite rulemakings,” it said. With its D.C. Circuit appeal, Indian seeks reversal “of these arbitrary and capricious agency actions that are contrary to law," and remand of the matter to the FCC for proper “treatment,” it said.