Cooley Files Reply Brief for Gray Television After FCC Fine for Media Ownership Violation
Washington, DC – September 13, 2023 – Cooley filed a reply brief on behalf of Gray Television, an Atlanta-based television broadcast company, requesting that the US Court of Appeals for the 11th Circuit vacate a Federal Communications Commission (FCC) order regarding Gray’s acquisition of assets for its KAUU television station in Anchorage, Alaska. Partners David Mills and Robert McDowell led the Cooley team, which also included Robby Saldaña, Jason Rademacher and Henry Wendel.
Gray acquired KYES-TV (now KAUU-TV) in 2016 and later acquired the CBS affiliation and other programming assets in 2020 to bolster its operations in Anchorage. Despite arguments to the contrary, in October 2022, the FCC adopted a forfeiture order fining Gray $518,283 for violating the FCC’s prohibition against acquiring a top network affiliation while owning two top-four television stations in the Anchorage television market.
Gray filed its reply in the 11th Circuit, arguing that its acquisition of programming assets did not violate the FCC’s prohibition on local television ownership. The brief also argued that the FCC’s finding against Gray is a First Amendment violation.
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