Time to End ALJ Review of Mergers, O'Rielly Says

The FCC's administrative law judge shouldn't have a role overseeing transactions, and the function of the ALJ in FCC proceedings should be rolled back or eliminated, Commissioner Mike O'Rielly said during the agency meeting Thursday. The comments came after commissioners voted 2-1 to reverse the ALJ finding that Cablevision discriminated against the Game Show Network (see 1707130048). "The ALJ function isn't working as intended," O'Rielly said, saying the agency and Congress should work out "an alternative procedure." Since commissioners rule on ALJ decisions anyway, he said that "it's adding an unnecessary layer." He said the process of referring a takeover to the ALJ "is a cop-out" intended as an indirect means of killing the deal. Asked about the idea, Chairman Ajit Pai and Commissioner Mignon Clyburn said it's too soon to form opinions.