A writ of mandamus is defined as an order from a court to an inferior government official ordering the government official to properly fulfill their official duties. That’s what the appellants in Free Press v. FCC want the U.S. Court of Appeals for the D.C. Circuit to issue, so Nexstar Media Group‘s approved merger with TEGNA gets unwound.
The FCC, which has already told the court it lacks jurisdiction, has now filed its opposition to this emergency request from the appellants.
For the appellants, Broadband Communications Association of Pennsylvania and Free Press, a writ of mandamus is necessary to “preserve” the Court’s “ability to meaningfully review” the FCC’s approval of the Nexstar/TEGNA merger.
But, there’s the matter of a preliminary injunction from a California federal district court that will be appealed by Nexstar to the Ninth Circuit. And, the FCC said in a filing made Monday (5/11), “Given these developments, appellants cannot now demonstrate that they have ‘a clear and indisputable right’ to the extraordinary relief they seek, and the mandamus petitions should be denied.”
Briefing in the Ninth Circuit appeal will not be completed before late June 2026. Oral arguments haven’t been scheduled yet. “Thus, even were the Ninth Circuit ultimately to decide to vacate the district court’s preliminary injunction, any such decision would not likely be issued before well into the fall of 2026,” the FCC states. “In the meantime, the injunction remains in effect, prohibiting Nexstar and TEGNA from further integration of their operations. Consequently, appellants cannot now demonstrate that a stay under the All Writs Act is warranted.”
The FCC also reiterates its belief that the Media Bureau acted accordingly and permissibly, reasonably explaining its approval of waivers allowing the Nexstar-TEGNA merger to proceed.
What about the desire for a full Commission vote on Nexstar-TEGNA, as it has stated the Media Bureau decision isn’t a final decision?
“[T]he preliminary injunction in the California antitrust litigation ensures that Nexstar and TEGNA cannot consummate their merger anytime soon. Therefore, there is no need for the Court to issue a writ directing the Commission to act on an expedited timeline.”
However, General Counsel D. Adam Candeub and his team shared with the court that the application for review of the Media Bureau’s Order “is now under active consideration.”
As such, he explains, “In its evaluation of that application, the Commission is weighing all relevant considerations, including the effect of the hold-separate order adopted by the preliminary injunction .. as well as the record submitted in the rulemaking that is examining whether the national television audience reach cap (which the Media Bureau waived in the order at issue here) should be modified or eliminated.”
What does this mean for Nexstar-TEGNA deal detractors?
“Taking those proceedings into account, the Commission expects that it will be able to act on the application for review this year.”
