Attorneys, academics and First Amendment experts told us that Republican presidential candidate Donald Trump’s calls for ABC to lose its license over Tuesday's presidential debate telecast (see 2409110058) are nonsensical and that government action against a broadcaster would likely ultimately fail. In addition, some said presidential calls for action against broadcasters over their reporting aren’t unprecedented. “All political players tend to do this when it suits them,” said veteran First Amendment attorney Robert Corn-Revere, now chief counsel for the Foundation for Individual Rights and Expression. “None of them have the constitutional authority to back it up.”
If courts rule that the U.S. Supreme Court’s SEC v Jarkesy decision means a wide swath of FCC enforcement proceedings require jury trials, the agency may not be able to pursue any enforcement without congressional authority, former FCC Office of General Counsel and Enforcement bureau veterans said Wednesday.
Thursday’s 6-3 U.S. Supreme Court decision in SEC v. Jarkesy could have large implications for future FCC enforcement actions, with academics, FCC attorneys and the three dissenting justices saying they expect it to prompt a storm of litigation for federal agencies.
Mission Broadcasting says WADL Mount Clemens, Michigan, owner Kevin Adell won't release the deposit Mission made in connection with its failed purchase of WADL (see 2405230052). “Adell’s failure to execute joint written instructions directing the Escrow Agent to release the Deposit made in connection with the Purchase Agreement to Mission” constitutes “an unjustifiable and bad faith breach of the Purchase Agreement,” a June 13 letter from Mission’s attorneys at Wiley to Adell said. Breaching the deal could open Kevin Adell and Adell Broadcasting CFO Ralph Lameti to litigation, the Mission letter said. “While we understand there may be disappointment over the deal not closing, that does not give you license to willfully prevent Mission from receiving the benefit of the bargain it struck with Adell,” Mission said. “Such actions are inconsistent with any legitimate business activities ... undertaken in good faith and appear to be motivated by malicious and bad faith purposes to injure Mission.” Adell didn’t comment, but a reply to Wiley June 14 briefly accuses Mission's letter of containing “inaccuracies.” In addition, it said Wiley also represents Adell Broadcasting. Communications Daily obtained the letters. Wiley “sent an invoice yesterday for law work it performed for Adell Broadcasting,” Adell’s letter said. “As such, Wiley has a conflict with respect to this matter.” Adell requested Wiley refrain from further involvement in the matter and that Mission seek new counsel. Mission and Nexstar, which was also involved in the WADL deal, declined comment. Wiley attorney Stephen Obermeier, who authored Mission's June 13 letter, also didn't comment.
The tech industry urged Vermont Gov. Phil Scott (R) to veto the state’s privacy bill. Vermont could be the first state to include a broad private right of action. That and other “outlier provisions” have led businesses to lobby Scott to kill the measure, a Wiley lawyer said Wednesday (see 2405290072). In a Thursday letter to Scott, the Computer & Communications Industry Association said it was concerned about differences between Vermont’s bill and other states’ privacy laws, such as “the inclusion of a private right of action, the definition of ‘sale’, the language included around targeted advertising, and data minimization principles.” Allowing consumers to sue businesses, “the measure would open the doors of Vermont’s courthouses to plaintiffs advancing frivolous claims with little evidence of actual injury,” CCIA wrote, adding that other states vest enforcement with their attorneys general. “We encourage you to resist signing legislation that poses significant compliance and constitutional concerns.” The legislature passed the bill (H-121) May 10 but hasn't sent it to Scott yet. Once the governor receives the bill, he will have five days to veto it or it will become law. Scott's office didn’t comment.
Some businesses are pushing for a veto of Vermont’s privacy bill, Wiley attorney Joan Stewart said on a webinar Wednesday. The Vermont legislature passed H-121 earlier this month but Gov. Phil Scott (R) hasn’t signed it yet (see 2405130050). “Outlier provisions” in Vermont’s bill have raised grave concerns in the business community “and there are some strong efforts going on right now to try and persuade the governor to veto that [proposed] law,” said Stewart. One key difference with other state laws is the Vermont bill’s broad private right of action (see 2403220040). Most existing privacy laws allow enforcement by only the state attorney general, though California gives individuals a more limited right to sue, she said. Vermont could be the 20th state to enact a privacy law. Minnesota became the 19th on Friday (see 2405280038).
FCC commissioners approved 5-0 an NPRM Thursday that proposes barring test labs from entities on the agency’s “covered list” of unsecure companies from participating in the equipment authorization process. In addition, the FCC clamped down on political robocall violations. Chairwoman Jessica Rosenworcel, working with Commissioner Brendan Carr, proposed the lab rules (see 2405020071).
Ethan Lucarelli, 42, first chief of the FCC Office of International Affairs, died Monday of undisclosed causes. An Alexandria, Virginia, resident, Lucarelli joined the FCC in 2020, holding positions in the Wireless Bureau and chairwoman’s office before assuming his most recent position in 2023. Prior to the FCC, Lucarelli was director-regulatory and public policy at Inmarsat and an associate at Wiley. Since 2012, he was an adjunct lecturer at George Washington University Law School. Lucarelli was a key FCC official at the World Radiocommunication Conference last year in Dubai (see 2310270047). Lucarelli's death leaves the International Affairs Office even more shorthanded. Recently, Nese Guendelsberger, one of its deputy chiefs, was tapped in an acting capacity as an aide to Commissioner Geoffrey Starks (see 2404250030). “The FCC family is deeply saddened by the loss of our colleague and friend, Ethan Lucarelli,” an FCC spokesperson wrote in an email: “Over his years in private practice and public service, Ethan earned a reputation for his intelligence, honesty, dependability, and sensitivity. … He was open-minded, sincere, and valued the opinions of those who worked with him.” The loss “will be felt by all of us at the Commission and around the world who had the pleasure of working with him.” Survivors include his wife, Victoria Correa; mother, Diane Eubanks; father, Joseph; and siblings, Matthew and Melissa. Visitation is scheduled for May 25, 2-5 p.m., at Elmwood Chapel, 11300 W. 97th Lane, St. John, Indiana. Donations are being accepted for a scholarship in his name benefiting George Washington University Law School students participating in moot court competitions.
Sometime in October 2025, expect the Cybersecurity and Infrastructure Security Agency to issue rules requiring that companies report cyber incidents and ransomware payments, Wiley's Sydney White said during the second part of an FCBA CLE on Thursday (see 2405090051). The rules are part of additional authority CISA received under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). Numerous cyber incident-reporting requirements exist, so new requirements will add to companies' reporting burden, experts said.
Adell Broadcasting will bring legal action against Nexstar and Mission Broadcasting if Mission doesn’t accept the FCC’s conditions for approving Mission’s proposed $75 million buy of Adell’s WADL Mount Clemens, Michigan (see 2404240070), Adell CEO Kevin Adell told us in an interview Tuesday.