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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

Local Radio Drives $437B, Supports 909K U.S. Jobs
Wood & Poole Economics and BIA
Wood & Poole Economics and BIA
A new economic study finds that free, local radio remains a powerful engine of the U.S. economy, generating $437 billion in annual GDP and supporting more than 909,000 jobs nationwide, underscoring radio's role as essential infrastructure in communities across the country. The analysis, conducted by More

Drive-Time Congestion Expands Radio's In-Car Reach
Katz Radio Group
Katz Radio Group
As daily traffic congestion rises across major U.S. metro areas, new insights point to an expanding opportunity for brands to reach attentive in-car audiences, with AM/FM radio continuing to dominate in-vehicle audio listening. According to a new analysis from Katz Radio, the More

Three Top 100 Markets Shift Ratings to Eastlan
Eastlan
Eastlan
Three more Top 100 radio markets are moving their audience measurement to Eastlan as the company's expansion continues into 2026. Honolulu, Reno and Tulsa will now be continuously measured by Eastlan, reflecting what the company describes as a broader reassessment by More
Advertisement

AEI Paper Argues FCC Has Outlived Its Purpose
Mark Jamison
Mark Jamison
A new working paper from the American Enterprise Institute contends that the Federal Communications Commission has outlived the economic and technological conditions that justified its creation and should be disbanded. Authored by economist Mark Jamison, the paper argues that the FCC was designed in 1934 More

The Zone Returns to Phoenix as AI-Infused Triple A
KZON-FM-HD2 (94.9 The Zone) Phoenix
KZON-FM-HD2 (94.9 The Zone) Phoenix
Zelus Media Group has partnered with SonicTrek.ai to relaunch The Zone "Where Music Matters" in Phoenix on 94.9 and 103.9 KZON-FM-HD2, marking the format's return as a 24/7 AI-infused Triple A station. The revived Zone will blend artificial intelligence with licensed human voices, including format More

Audacy Details How AI Is Redefining Local Search Visibility
Audacy Insights
Audacy Insights
In a new Audacy Insights article, Audacy is warning that rapid changes in AI-powered search are reshaping how consumers discover local businesses - and that traditional search strategies may no longer be enough. In "Dominating Local Search in the Age of AI," Jenny Sutton, Jenny Sutton, Senior Vice 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