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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

Cumulus Names Trey Dolle VP/Market Manager in Cincinnati
Trey Dolle
Trey Dolle
Cumulus Media has appointed Cincinnati media veteran Trey Dolle as Vice President and Market Manager for its five station cluster in Cincinnati. Dolle brings 30 years of experience in the Cincinnati media market. Most recently, he spent 11 years as Vice President/General Sales Manager for Bally Sports/Fox More

Connoisseur Names Lieberman as West Coast Natl. Sales Lead
Deidra Lieberman
Deidra Lieberman
Connoisseur Media has appointed Deidra Lieberman as Regional Manager of National Sales for the West Coast. In the role, Lieberman will oversee national sales efforts in Portland OR, San Francisco, San Jose, Palm Springs, and Anchorage AK. Lieberman will report to Tina Murley, Senior Vice President/Western More

92.9 The Wave Rebrands as Yacht Rock for Coastal Virginia
WTWV-FM/Norfolk-Virginia Beach
WTWV-FM/Norfolk-Virginia Beach
Max Media of Coastal Virginia has rebranded WTWV-FM (92.9 The Wave) to "Yacht Rock for Coastal Virginia," effective Thursday, February 5. The format shift moves the station toward a curated blend of soft rock and pop from the 1970s and 1980s, spotlighting artists such as Michael McDonald and The Doobie More
Advertisement

Podtrac Releases January 2026 Podcast Rankings
Podtrac
Podtrac
The January 2026 Top U.S. and Global Podcast Publishers & Networks rankings have been released by Podtrac, offering a snapshot of audience performance to start the year. According to Podtrac, overall momentum improved month-to-month among many ranked participants. Fourteen U.S. More

Brynna Rogers Makes Super Bowl Broadcast History
Brynna Rogers
Brynna Rogers
Brynna Rogers, a broadcast engineer for Bonneville Seattle, will make history Sunday as the first woman to engineer a Super Bowl play-by-play radio broadcast in the NFL. Rogers, who works on Seattle Sports 710 AM and KIRO Newsradio 97.3 FM, is currently the league's only female play-by-play broadcast More

''The Fred Show'' to Debut on KISS 107.1 in Cincinnati
Christopher Frederick
Christopher Frederick
iHeartMedia CHR WKFS (KISS 107.1) in Cincinnati has announced the debut of "The Fred Show," set to launch Monday, February 9, airing weekdays from 6-10am ET. The syndicated morning show is led by host Fred and features a cast that includes Kaelin, Paulina, Showbiz Shelly, Jason Brown and Keke. "We can't 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