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Ads for other vices are similarly not regulated by the FCC. Alcohol ads are handled principally by industry association guidelines (developed by the Distilled Spirits Council, or DISCUS, and the Beer Institute) that voluntarily keep ads out of programming directed to children, or where children make up a significant percentage of the listening or viewing audience (for fear of statutory intervention or the FTC finding that the ads are unfair trade practices).

We've written about the cautions associated with marijuana advertising -- where issues arise not because of FCC action, but because marijuana possession and distribution is still a crime under federal law.

wanted to do in its 2015 Open Internet Order--in particular, the FCC

to achieve a results-driven outcome, so that it could, in the FCC's

Most signs point to an FCC loss in the case, possibly a unanimous one, which sets up a race for Sinclair to close before the decision comes out, said Bloomberg Intelligence analyst Matthew Schettenhelm.

The hearing "went poorly for the FCC, signaling the appeals court probably will say the FCC improperly reinstated the UHF discount," Schettenhelm said in a note.