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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

Layfield Named VP of Programming at iHeart in Louisville
Christopher Layfield
Christopher Layfield
iHeartMedia Louisville has named Christopher Layfield as Vice President of Programming, overseeing content strategy for the market's nine stations across music, talk and news formats. In the role, Layfield will lead programming and digital content efforts aimed at driving audience growth and engagement. More

iHeartMedia, Urban One, Entravision Set Q1 Calls
Entravision, iHeartMedia and Urban One
Entravision, iHeartMedia and Urban One
iHeartMedia, Urban One and Entravision have announced upcoming dates for their first-quarter 2026 financial results and investor calls. Entravision will be first to report, with plans to release its Q1 results after market close on May 5, followed by a webinar at 4:30 p.m. ET that will include a More

Jeff Hurley Named SVP of Programming in Philadelphia
Jeff Hurley
Jeff Hurley
iHeartMedia Philadelphia has appointed Jeff Hurley as Senior Vice President of Programming, overseeing a portfolio that includes 105.3 WDAS-FM, WUSL-FM (Power 99), WRFF (ALT 104.5), WIOQ (Q102), WUMR (Rumba 106.1), and Fox Sports The Gambler. In the new role, Hurley will lead programming operations More
Advertisement

iHeartMedia, CitizenSkull Ink Audio Content Deal
iHeartMedia
iHeartMedia
iHeartMedia has entered into a multi-year first-look development agreement with CitizenSkull to create and produce premium scripted audio content, the companies announced. The partnership establishes an ongoing, multi-project relationship focused on elevated genre storytelling, particularly in sci-fi and More

The Fred Show Expands to DC and Baltimore
Christopher Frederick
Christopher Frederick
iHeartMedia has added the Premiere Networks-syndicated The Fred Show to mornings on WIHT and WZFT, beginning Thursday, April 30. The program will air weekdays from 6-10am and will also be available on demand. The move expands the show's reach into the Washington, DC and Baltimore markets. Originally More

iHeart Leads Triton Digital's March Podcast Rankings
Triton Digital
Triton Digital
Triton Digital has released its U.S. Podcast Ranker for March 2026, showing continued dominance by major audio networks alongside shifts in listener engagement. For the reporting period of March 2-29, the Top Sales Network Report again placed the iHeart Audience Network at No. 1 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