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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

RAB Announces 2026 Media Career Academies
National Radio Talent System (NRTS)
National Radio Talent System (NRTS)
The Radio Advertising Bureau (RAB) has unveiled its 2026 Media Career Academies, part of the National Radio Talent System (NRTS), aimed at preparing students for careers across broadcast radio, podcasting and digital audio. The academies are designed to provide hands-on training More

NABLF Announces 2026 Service to America Winners
National Association of Broadcasters Leadership Foundation (NABLF)
National Association of Broadcasters Leadership Foundation (NABLF)
The National Association of Broadcasters Leadership Foundation (NABLF) has named the recipients of its 2026 Celebration of Service to America Awards, recognizing radio and television stations for their impact in local communities nationwide. Winners will be honored June 9 at The More

Talent Farm Adds Five New 24/7 Formats to Lineup
Talent Farm
Talent Farm
Talent Farm has expanded its syndication offerings with the addition of five new 24/7 radio formats, providing affiliates with more options across a range of popular music genres. The new formats -- "The Harbor" (Yacht Rock & Smooth Classics), "The Coast" (Classic Alternative), "The Boombox" (90s/2000s More
Advertisement

Beasley, WideOrbit Demo Live Broadcast Tech at NAB
Beasley Media Group
Beasley Media Group
Beasley Media Group is teaming with WideOrbit to showcase advancements in live broadcasting during the NAB Show in Las Vegas. As part of the activation, Beasley's KCYE-FM (102.7 Coyote Country) will air live broadcasts from the WideOrbit booth inside the Las Vegas Convention Center's More

NAB Show 2026 Focuses on AI, Sports, Creators
NAB Show
NAB Show
The 2026 NAB Show will spotlight major shifts across media, entertainment and technology as the industry moves from experimentation to execution, according to organizers. Scheduled for April 18-22 at the Las Vegas Convention Center, the annual event is expected to bring together more than 1,100 exhibitors More

C4 Energy Campaign Targets Multi-Platform Sports Fans
Audacy Insights
Audacy Insights
An Audacy Insights report highlights how evolving sports consumption habits are reshaping marketing strategies, as brands increasingly engage fans across multiple platforms beyond traditional game broadcasts. According to the report, today's sports fans interact with content throughout the week-across 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