ALJ Rules in Part Against EB Motion to Compel Auburn

FCC Administrative Law Judge Jane Halprin partially denied an Enforcement Bureau motion to compel Auburn Network and owner Michael Hubbard to produce certain documents as part of Auburn’s license hearing, said an order in docket 21-20 in Thursday’s Daily Digest. The hearing concerns Hubbard’s fitness to hold a license after he was convicted of six felonies for corrupt acts as speaker of the Alabama House (see 2102110005). EB asked the ALJ to force Hubbard to provide documents about the 23 felonies Hubbard was originally charged with, but Hubbard argued the non-convictions aren’t material. “The inquiry in this hearing proceeding does not extend to conduct beyond the six felonies for which Mr. Hubbard stands convicted,” ruled the ALJ. “Information regarding those charges for which Mr. Hubbard was not convicted or for which the conviction was overturned on appeal are not within the scope.” The ALJ agreed with the EB that Hubbard must provide the bureau with publicly available documents, and all documents about the six felonies that don’t fall under attorney client privilege. With the response likely to be large, Halprin extended the deadline to produce the documents from 10 to 60 days.