Minority Television Project, Inc. v. Federal Communications Commission

MEMORANDUM

Petitioner Minority Television Project (“Minority”) appeals the district court’s dismissal of its as-applied First Amendment challenges to 47 U.S.C. § 399b, as well as its First Amendment challenges to 47 C.F.R. § 73.621 (e), the Federal Communications Commission (“FCC”) order which implements § 399b. Minority further appeals the district court’s grant of summary judgment to the government, which held § 399b’s ban on paid messages by for-profit entities which “promote” services, facilities, or products is not unconstitutionally vague. We affirm.

The district court correctly dismissed Minority’s as-applied challenges to § 399b, as well as its challenge to 47 C.F.R. § 73.621 (e). Section 399b was applied to Minority only through FCC orders and regulations, including 47 C.F.R. § 73.621 (e). Jurisdiction over challenges to FCC orders lies exclusively in the court of appeals; as such, federal district courts lack jurisdiction over challenges to FCC orders. 28 U.S.C. § 2342 (1) (“The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part) or determine the validity of ... all final orders of the Federal Communications…