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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

WFUV New York Promotes Rich McLaughlin to GM
Rich McLaughlin
Rich McLaughlin
Fordham University's AAA WFUV-FM (90.7) New York has promoted Program Director Rich McLaughlin to General Manager. McLaughlin has served as interim GM since July 2026. A Fordham University graduate, McLaughlin began his broadcasting career at WFUV as a student before moving into satellite radio in 2001 as More

UNT Names Zac Babb Operations Manager for KNTU
Zac Babb
Zac Babb
The University of North Texas (UNT) has named Zac Babb Operations Manager for its three audio brands, including KNTU-FM (88.1), its Indie/Alternative-AAA station, Jazz-formatted KNTU-HD2 (The One) and student-operated MeanGreenHits.com. Babb, a 2017 UNT graduate and former KNTU student, returns to the More

Edison Reveals Top 50 U.S. Podcasts for Q3 2026
Edison Research at SSRS
Edison Research at SSRS
Edison Research at SSRS has released its Top 50 Podcasts in the U.S. for the third quarter of 2026, with "The Joe Rogan Experience," "Crime Junkie" and "The Daily" retaining the top three positions for the second consecutive quarter. The rankings, based on reach among weekly podcast consumers ages 13 and More
Advertisement

Recharge Media Brings KGSR Calls Back to Texas
Recharge Media
Recharge Media
Recharge Media PBC has secured the historic KGSR-FM call letters through the FCC's call sign availability system, replacing KCRQ-FM in Junction, TX, as the company prepares to expand its CRUSH FM Adult Contemporary format across the Texas Hill Country. Recharge Media holds a construction permit to More

Carrie Danger Returns to WLKR-FM for Afternoons
Carrie Danger
Carrie Danger
WLKR-FM (95.3) in Norwalk-Sandusky, OH, has announced the return of Carrie Danger as afternoon host at the AAA outlet. Danger previously hosted afternoon drive at WLKR-FM from 2011 to 2017 before returning in a part-time capacity from 2019 through 2022. She subsequently joined Rubber City Radio's WNWV-FM More

NYSBA Announces 2026 Rising Leaders Fellowship Graduates
New York State Broadcasters Association (NYSBA)
New York State Broadcasters Association (NYSBA)
The New York State Broadcasters Association (NYSBA) has announced the graduation of eight broadcast professionals from its 2026 Rising Leaders Fellowship, a leadership development program designed to prepare emerging executives for expanded responsibilities in radio and television. The MBA-style 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