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MD/DC/DE Broadcasters Association v. Federal Communications Commission

Petitions for rehearing on issue of severability denied; in a prior decision, the court held that a provision of an EEO rule, promulgated by the FCC, was unconstitutional; the provision could not be severed because the remaining provision, by itself, could not effectuate both of the stated goals of the FCC.

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On Petitions for Rehearing

The respondents in this case, the Federal Communications Commission and the United States; one of the petitioners, the United Church of Christ; and the intervenors, the National Organization for Women and the Minority Media and Telecommunications Council, have each petitioned for rehearing. All but MMTC seek rehearing of the court’s decision not to sever Option B from the Commission’s EEO rule after holding that only that aspect of the challenged rule was unconstitutional. The NOW seeks rehearing of the court’s decision not to sever all references in the rule to minorities and thereby leave the rule intact with respect to women. Only the UCC and the Intervenors seek rehearing of the court’s underlying conclusion that Option B is unconstitutional.*fn1

The only issue about which the various petitions raise any points that were not fully considered in our prior opinion is the severability of Option B. For the reasons set forth below, we adhere to our original conclusion that Option B is not severable and hence deny the petitions for rehearing.

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