Hollywood’s bid to have the full 11-judge federal appeals court in Chicago review the fin-syn case has been denied.
The Federal Communications Commission was notified yesterday that a request to have all the judges on the U.S. 7th Circuit Court of Appeals rehear the case has been rejected.
Last November, a three-judge panel from the court tossed out as “unreasoned and unreasonable” a 1991 decision by the FCC to relax rules that prohibit the nets from having free entry into the TV program production and syndication business. FCC is in the process of devising new fin-syn rules that meet the court’s approval.
Mickey Gardner, a D.C. attorney who represents Hollywood’s Coalition to Preserve the Fin-Syn Rules, said yesterday his group is “disappointed but not surprised” the full Chicago court did not take up the fin-syn case.
Coalition attorney Diane Killory said her group is “considering our options.”
One option presumably being considered involves an appeal to the U.S. Supreme Court, although neither Gardner nor Killory would comment. An appeal to the high court would be required within 90 days.