Home Login RADIO ONLINE RSS Facebook
Advertisement

FCC Petitions U.S. Supreme Court Over Media Ownership Rules


Federal Communications Commission
Federal Communications Commission

The Solicitor General, on behalf of the FCC and the DOJ, is petitioning the U.S. Supreme Court to review the judgment of the the U.S. Court of Appeals for the Third Circuit when it vacated the order in the Prometheus Radio Project v. FCC case remanding the Commission's 2018 Incubator Order and its 2017 Order on Reconsideration reinstating the Newspaper/Broadcast Cross-Ownership Rule, Radio/Television Cross-Ownership Rule, Local Television Ownership Rule, Local Radio Ownership Rule and Television Joint Sales Agreement Attribution Rule as they previously existed.

On what's become a rather lengthy fight over media ownership rules, the FCC has battled the Third Circuit following the review of the rules as part of a mandate under the Telecommunications Act. The agency had ruled that new media sources brought about by the Internet, no longer made sense to maintain a ban on a company owning a local newspaper and broadcast station in a single market.

The FCC had sought a rehearing by the full U.S. Court of Appeals for the Third Circuit in its decision in the Prometheus Radio Project case. Many broadcasters felt that as a result of the decision, there has been a significant and unnecessary delay in the FCC's consideration of possible changes to its broadcast ownership rules, a process limiting the continued ability of radio outlet to compete with newer digital technologies.

"Here we are again," began an opinion on September 23, 2019 by Circuit Judge Thomas Ambro, who faulted the Commission for failing to adequately explain how the rule change would lead to more female and minority ownership of media outlets.

The FCC, including Chairman Ajit Pai, believes that the Third Circuit has overstepped itself by turning a review of rules meant to ensure healthy competition of viewpoints into a test of what best promotes diversity.

In a cert petition filed on Friday, Solicitor General Noel Francisco said the lower appellate court "flouted bedrock administrative law principles that require judicial deference to agency policy choices, as well as this Court's repeated FCC-specific admonitions that courts must respect the Commission's reasonable judgments about what measures will best serve the public interest."

"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions that would allow them to retain economic vitality," continued the petition. "The panel's vacaturs have also had the perverse consequence of preventing the agency from studying the effects of its revised ownership rules on women and minorities, thereby gathering the very data the panel insists are necessary for informed rulemaking."

Advertisement

Latest Radio Stories

Report: Podcast Ad Spending Jumps 23% in Q2
Magellan AI
Magellan AI
Podcast advertising continued to show strong growth in the second quarter of 2026, with spending rising 23% from a year earlier and 9% from the first quarter, according to Magellan AI's latest Podcast Advertising Benchmark Report. Every month of the quarter topped the average monthly spending More

iHeartMedia Leads Podtrac July Publisher Rankings
Podtrac
Podtrac
iHeartMedia continued to dominate Podtrac's U.S. podcast publisher rankings in July 2026, while "Crime Junkie" remained the nation's top podcast based on U.S. unique monthly audience. The iHeart Audience Network ranked No. 1 among U.S. podcast publishers and networks with 55.7 million unique monthly More

Andy Pollin Exits ESPN 630 Amid Cumulus Cuts
Andy Pollin
Andy Pollin
Veteran Washington, DC sports radio personality Andy Pollin has exited WSBN-AM (ESPN 630) as part of the latest round of layoffs at Cumulus Media. Pollin had been with ESPN 630 since 2019, initially joining the station as a Sports Update Anchor during ESPN Radio's "Golic & Wingo" and as a features More
Advertisement

Lamont Hollywood Exits 107.7 The Bone Over Cuts
Lamont Hollywood
Lamont Hollywood
Longtime Bay Area radio personality Lamont Hollywood has exited KSAN-FM (107.7 The Bone) San Francisco, ending a 37-year run on the air as Cumulus Media continues a round of cutbacks and restructuring. Hollywood announced his departure in a Facebook post, attributing the move to "corporate restructuring More

Stingray Inks TuneIn Partnership with iM Media Labs
TuneIn
TuneIn
Stingray has announced a new partnership with iM Media Labs to integrate TuneIn into the iM Media Hub, expanding access to live radio, sports, news, music and podcasts in connected vehicles. The integration will make TuneIn available through the vehicle-native iM Media Hub More

K-LOVE Names Brian Sipe VP of Live Events
Brian Sipe
Brian Sipe
K-LOVE, Inc., parent company of K-LOVE and Air1, has named veteran venue executive Brian Sipe as Vice President of Live Events, effective October 5. Sipe most recently served as General Manager of Central Bank Center in Lexington, KY, which is managed by Oak View Group. His background also includes booking More

Return to Menu

Advertisement

Subscribe to our Newsletter
Radio news and headlines delivered right to your e-mail box -- and it's free.

Advertisement

Advertisement