On October 23, 2015, WLF filed a brief with FCC, urging it to rescind its September 11, 2015 Order, which permitted the release, under protective order, of several content companies’ confidential proprietary information. FCC’s longstanding policy prohibited such disclosures absent a “persuasive showing” that the information was a “necessary link” in a proceeding’s resolution. Despite a D.C. Circuit decision overturning a similar order this past May, FCC again ordered release of all confidential information “relevant” to the proceeding—this time under the auspices of “clarifying” its existing regulations and policies. WLF argued that this clarification was really a change in established FCC policy. As such, WLF argued, FCC’s order was arbitrary and capricious in violation of the Administrative Procedure Act, which requires federal agencies to acknowledge any change in policy and explain the reason behind that change.
