DOJ Opposes Emergency Hearing Over FCC’s Review of ABC’s Licenses
A dispute over scheduling licensing issues has evolved into a debate about process and punishment.
August 21, 2026 - 8:34 am
Disney logo on the smartphone screen (Credit: nikkimeel / Shutterstock.com)
Disney requested an emergency hearing by Tuesday regarding the Federal Communications Commission's (FCC) review of its eight ABC-owned television stations' licenses. The Justice Department (DOJ), however, argued in court on Thursday that there is no urgent need.
The DOJ's position centers around a procedural matter. They believe a hearing designation order would simply initiate a further administrative process, allowing Disney and ABC to present their case without any immediate consequences.
Disney, on the other hand, views this as a significant threat to free speech, describing it as an "extraordinary assault" and an act of retaliation against the network. The company has filed a lawsuit in the US District Court in Washington, assigned to Judge Loren AliKhan, seeking a temporary restraining order.
The timing is crucial for Disney as they are currently undergoing a major reorganization around their Disney+ super app under new leadership. This dispute stems from President Donald Trump's previous calls for ABC to lose its licenses and his ongoing pressure on the FCC regarding broadcasting regulations.
Broadcast licenses hold significant leverage over media companies as they are the only direct federal licenses held by modern media entities. The FCC can manipulate these licenses, targeting Disney's least profitable but crucial news division.
The hearing designation order in question is rarely used against major broadcasters. It places a license under review before an administrative law judge, shifting the burden to prove license retention onto the licensee. While the DOJ argues this provides a forum for Disney, the company claims the threat of losing licenses itself acts as punishment, influencing programming content.
Judge AliKhan has not yet decided on the timing request. The DOJ's response does not address Disney's First Amendment arguments, which will require further court proceedings to resolve.
The broader media industry is also watching a separate legal battle over state attorneys general blocking the Paramount and Warner Bros. merger, raising similar concerns about government intervention in media mergers and licensing.