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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

Salem Media Goes Private Following WaterStone Deal
Salem Media
Salem Media
Salem Media has completed its acquisition by The Christian Community Foundation, Inc., doing business as WaterStone, taking the Christian and conservative media company private. WaterStone acquired all outstanding shares of Salem Media common stock for $1 per share, representing approximately a 250% premium More

Court Denies Nielsen Rehearing Bid in Cumulus Case
Nielsen and Cumulus Media
Nielsen and Cumulus Media
The U.S. Court of Appeals for the Second Circuit has denied Nielsen's request for rehearing in its legal battle with Cumulus Media, leaving intact the court's earlier ruling in favor of the broadcaster. In a one-page order issued August 18, the court denied Nielsen's petition for both panel rehearing and More

K-Love Names Evan Masyr as Chief Financial Officer
Evan Masyr
Evan Masyr
K-Love Inc. has appointed longtime Salem Media Group executive Evan Masyr as Chief Financial Officer, effective September 14. He will oversee the nonprofit media organization's accounting, finance and tax departments and serve on its Ministry Leadership Team. Masyr joins K-Love after more than 26 years More
Advertisement

Joel Oxley to Receive NAB National Radio Award
Joel Oxley
Joel Oxley
Hubbard Radio Washington, DC President and General Manager Joel Oxley will receive the 2026 NAB National Radio Award, recognizing his more than three decades of leadership in the radio industry. The NAB announced the honor Thursday on National Radio Day. Oxley will receive the award during the 2026 NAB More

News, Comedy Drive Triton Q2 Podcast Rankings
Triton Digital
Triton Digital
Comedy maintained its position as podcasting's largest category during the second quarter, while news programming posted the strongest audience growth as listeners turned toward political content ahead of the midterm elections, according to Triton Digital's Q2 2026 U.S. Podcast More

FCC Approves Cumulus Post-Bankruptcy Ownership Transfer
Cumulus Media
Cumulus Media
Cumulus Media has cleared a major regulatory hurdle toward emerging from Chapter 11 bankruptcy, with FCC records showing the broadcaster's applications to transfer control of its licenses to its post-reorganization shareholders have been granted. The approval follows an August 14 letter from Cumulus 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