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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

Jeff Pohjola Named KNWN News and Program Director
Jeff Pohjola
Jeff Pohjola
Lotus Seattle has named Jeff Pohjola Director of News & Programming for KNWN (Northwest Newsradio 97.7 FM/AM 1000), effective immediately, as the company also rolls out new weekday lineups for KNWN and 570 KVI beginning Monday, October 5. In his expanded role, Pohjola will oversee programming strategy and More

Tiffany McCormack Named GM of WNOR and WAFX
Tiffany McCormack
Tiffany McCormack
Saga Communications has promoted Tiffany McCormack to General Manager of Hampton Roads Media Group, overseeing Active Rock WNOR-FM and Classic Rock WAFX (106.9 The Fox) in Norfolk, VA. McCormack succeeds Carol Commander, who has departed after more than 25 years with the company. Commander had served as More

Country Radio Hall of Fame Opens 2027 Nominations
Country Radio Hall of Fame
Country Radio Hall of Fame
The Country Radio Hall of Fame (CRHoF) has opened nominations for its Class of 2027, with submissions accepted through Friday, October 30. Founded in 1974, the Country Radio Hall of Fame recognizes individuals who have made significant contributions to the country radio and music More
Advertisement

John Goforth Named President of Gamut Podcast Network
John Goforth
John Goforth
Hubbard | Media That Connects has named John Goforth President of Gamut Podcast Network, effective immediately. Goforth, who has led Gamut since 2024, will continue overseeing the network's content, sales and growth strategy. The new title positions Gamut alongside Hubbard's other media and entertainment More

WCCO Returns as Timberwolves Radio Flagship
Minnesota Timberwolves
Minnesota Timberwolves
The Minnesota Timberwolves and Audacy's WCCO-AM (News Talk 830 WCCO) in Minneapolis have signed a multi-year, multi-platform agreement that returns the station as the NBA team's flagship radio home beginning with the 2026-27 season. Under the agreement, WCCO will air all Timberwolves regular-season games More

Compass to Sell Ads for TJ Show and LiveLine
Compass Media Networks
Compass Media Networks
Radiocraft has selected Compass Media Networks to handle all advertising sales for the nationally syndicated "The TJ Show" and "LiveLine with Mason," effective January 1, 2027. "The TJ Show," hosted by TJ Taormina, airs in morning drive on more than 130 stations. Taormina previously served as a co-host 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