Coalition for a Healthy California v. Federal Communications Commission

The Coalition for a Healthy California et al. (Coalition) petitioned the Federal Communications Commission (FCC) to issue a declaratory order holding that the “fairness doctrine” is statutorily mandated by § 315 of the Communications Act, 47 U.S.C. § 315 . The FCC did not respond to this request. The Coalition now petitions this court to so interpret § 315 and to articulate such a declaration. The Coalition explicitly tells us it does not want us to review or to remedy the FCC’s inaction, 1 rather, it wants a decision on the merits of the codification issue. We dismiss the Coalition’s petition because it does not arise from a cognizable dispute and thus seeks relief that we are not empowered to render: an advisory opinion.

BACKGROUND

The Fairness Doctrine

Until 1981, the FCC interpreted § 315 of the Communications Act, 47 U.S.C § 315, to require broadcasters to comply with the “fairness doctrine.” The fairness doctrine, as then construed by the FCC, imposed a two-pronged obligation on all broadcasters licensed by the FCC: (1) the broadcaster must give adequate coverage to public issues; and (2) that coverage must accurately reflect opposing views on the issues. Arkansas…