The Federal Communications Commission has asked a federal judge to dismiss Disney’s lawsuit seeking to stop early reviews of licenses held by eight company-owned ABC television stations.
The commission’s September 3 filing does not revoke a license or send a renewal application to an administrative hearing. It asks the court to end Disney’s current lawsuit on procedural grounds while the agency continues its review.
According to Reuters, the FCC argues that Disney filed its challenge in the wrong court and that the dispute belongs before the U.S. Court of Appeals for the District of Columbia Circuit. The commission also says an injunction could prevent it from examining evidence connected to allegations of unlawful discrimination.
Disney describes the reviews differently. In its complaint, the company alleges that the FCC is using licensing authority to coerce and retaliate against a network that has resisted political pressure. The company contends that the agency’s actions threaten constitutionally protected programming and editorial decisions.
The timing makes the case unusual. FCC Chairman Brendan Carr ordered the early reviews in April even though the stations’ license renewals were not scheduled for consideration until October 2028. Reuters reports that the agency had not ordered an early review of this kind in more than 50 years.
The FCC agreed to provide at least 48 hours’ notice before issuing an order that would refer the licenses to a public hearing. U.S. District Judge Loren AliKhan has scheduled an October 6 hearing on Disney’s lawsuit.
The dispute is likely to test several separate questions: how much discretion the FCC possesses when reviewing a broadcast license, whether a company can challenge an investigation before the commission reaches a final decision, and when regulatory scrutiny becomes unconstitutional retaliation for protected speech.
Broadcast networks do not hold a single national programming license. The FCC licenses individual local stations to use public airwaves. That distinction means any commission action would formally involve the eight station licensees, even though the underlying controversy concerns ABC programming and Disney’s editorial independence.
No court has ruled that the FCC acted unlawfully, and the commission has not found that Disney violated a law or regulation. Those unresolved facts should remain central as the case proceeds.
Radio News Now will track the October 6 hearing and any commission order affecting the eight stations.