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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

Texas Radio Hall Names 2026 Induction Nominees
Texas Radio Hall of Fame (TRHOF)
Texas Radio Hall of Fame (TRHOF)
The Texas Radio Hall of Fame (TRHOF) has announced the 50 nominees for its 2026 induction class, with voting now open to eligible Hall of Fame members through August 10. The final ballot was selected from more than 160 broadcast professionals with ties to Texas radio who were nominated for consideration. More

Portland Radio Legend Craig Walker Dies at 80
Craig Walker
Craig Walker
Veteran Portland radio and television personality Craig Walker, whose warm on-air style made him one of Oregon's most recognizable broadcasters, died peacefully at his home on July 22. He was 80. Walker's death was announced by longtime friend and radio partner John Erickson, who praised his decades-long More

Femi Ayanbadejo Joins Afternoons at 105.7 The Fan
Femi Ayanbadejo
Femi Ayanbadejo
WJZ-FM (105.7 The Fan) in Baltimore is revamping its afternoon lineup with the launch of "The Final Drive," a new weekday sports talk show featuring former Baltimore Ravens linebacker Femi Ayanbadejo. Beginning July 29, Ayanbadejo will join Ken Weinman and Tim Barbalace as co-hosts, airing weekdays from More
Advertisement

WYPC Flips to Seaboard's Great Oldies Format
WYPC/Wellston-Jackson, OH
WYPC/Wellston-Jackson, OH
Total Media has flipped WYPC in Wellston-Jackson, OH, to Oldies using Seaboard Networks' "Good Time, Great Oldies" programming, marking the company's second format conversion with Seaboard in as many weeks. The move follows Total Media's recent launch of "Southern Ohio Gold" on More

KIRO Adds Tami Michaels Weekend Home Show
Tami Michaels
Tami Michaels
KIRO (Newsradio 97.3 FM) Seattle is expanding its weekend lineup with the addition of Inside Out with Tami Michaels, a new one-hour lifestyle and home improvement program debuting Saturday, August 8. Hosted by interior designer and licensed general contractor Tami Michaels, the show will air Saturdays from More

Connoisseur Media Reshuffles West Coast Programming
Brian ''Fig'' Figula
Brian ''Fig'' Figula
Connoisseur Media has announced a series of programming leadership changes across its West Coast radio stations following the recent expansion of 98.5 KBAY (Bay Country) in San Jose. Brian "Fig" Figula has been promoted to Regional Operations Manager for the Bay Area, overseeing Connoisseur's stations in San 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