FCC Names New ALJ as Its Only One Retires, After Little Sinclair/Tribune Action
Commissioners voted to approve Assistant Counsel-General Ethics Jane Hinckley Halprin as the FCC administrative law judge, replacing Judge Richard Sippel, who retired Dec. 1. Thursday's announcement followed mounting speculation on Sippel's fate as a major deal saw no ALJ action. The speed of the appointment suggests the agency is expecting Halprin to act soon on the stalled Sinclair/Tribune proceeding, broadcast attorneys told us. “I'm sure she has a bunch of things to act on,” said one, Jack Goodman. Commissioner Mike O'Rielly this week said Sippel didn't appear to have taken any action on Sinclair/Tribune (see 1812040034).
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Commissioner Jessica Rosenworcel told us the order appointing a new judge was recently circulated. An FCC spokesperson said the vote count won't be released on the personnel matter. We immediately filed a Freedom of Information Act request for such information. Commissioner Brendan Carr told us that he voted to approve the new ALJ. An official told us that Commissioner Jessica Rosenworcel also voted yes.
“The good judgment [Halprin] displayed working on ethics issues at the agency for over a decade will serve her well as our" ALJ, said Chairman Ajit Pai. Sippel was the FCC's sole ALJ for years, and was there for 32 years. Before retirement, the FCC was seen as weighing possible alternatives for bringing in a new or temporary ALJ to move the stalled Sinclair/Tribune matter along. Federal agencies lending each other ALJs is a common practice, said Richard Goodwin, Federal Administrative Law Judge Conference president. Halprin's appointment is permanent, an FCC spokesperson said. Sinclair and Tribune didn't comment.
O'Rielly said Thursday he plans to pursue revisions to the ALJ process, which he believes is inefficient and cumbersome. The judges should have to adhere to time limits, said O'Rielly. Hiring additional judges won't fix the process, he said before the announcement of Halprin's appointment. He later issued a statement.
To be the FCC's ALJ, a candidate must be on a list approved by the Office of Personnel Management, Goodman told us. Halprin has been at the agency since 1987, and has worked in the then-Common Carrier Bureau, the Mass Media Bureau, the Wireless Bureau, and as the ethics counsel in the Office of General Counsel, the release said.
Attorneys expect Halprin to affirm withdrawal of Sinclair/Tribune, and close that hearing proceeding, in line with a filing from the Enforcement Bureau (see 1808100026). ”I would think the first order of business would be to get rid of it,” said broadcast attorney Howard Weiss, who opposes the deal. It's less clear what will happen with the issue of candor raised in the hearing designation order. That's likely to continue in proceedings on Sinclair's license renewals or for future Sinclair transactions, attorneys said. The American Cable Association recently asked for Sinclair's renewal process to begin early to resolve those matters (see 1811270057).