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In a filing with the U.S. Court of Appeals for the Third Circuit, the FCC asked the court to keep the stay on the rules change in 2008 that loosened the newspaper/broadcast cross-ownership ban under certain criteria. Concurrently, Prometheus Radio Project and others have filed the challenges to the 2008 Order.

On April 14, the court issued an order holding the case in abeyance pending further order of the Court. In the same order, the Court asked the FCC, to show cause why the stay should not be lifted. On May 5, the Commission informed the Court that the 2008 Order did not reflect the views of a majority of the members of the Commission and that the agency supported keeping the stay in place.

On June 12, the court ordered the stay to remain in effect and asked the parties to file status reports on October 1, "including whether the stay should be lifted."

Since that request, Julius Genachowski has been appointed FCC Chairman, and Commissioner Adelstein left for a post at the USDA. Democrat Mignon Clyburn and Republican Meredith Attwell Baker have joined as FCC Commissioners.

With these changes, the FCC filing said, "Under these unusual circumstances, the Commission supports keeping the current stay in place." A new media ownership review for 2010 was announced earlier this week and the first workshop set for November. (10-02-09)

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