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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

The Fitness Revolution Has a Soundtrack And It's Radio
The Media Audit
The Media Audit
As the fitness industry heads into 2026 with projected growth of 8%, new research suggests audio platforms -- particularly radio -- may offer advertisers a disproportionate share of health-club users. According to data cited from The Media Audit and investment firm MCCG Invest, More

Cat Thomas Joins SonicTrek.ai in Marketing, AI Role
Cat Thomas
Cat Thomas
Veteran radio programmer Cat Thomas has joined SonicTrek.ai in the newly created role of Director of Marketing & AI Affiliate/Talent Acquisitions, effective immediately. In his new position, Thomas will work closely with Partner and Chief Revenue Officer Mike Agovino to identify and onboard new affiliate More

Paul Castronovo Re-Ups With Big 105.9 For Multi-Year Run
Paul Castronovo
Paul Castronovo
iHeartMedia's WBGG (Big 105.9) Miami has signed a new long-term agreement with veteran South Florida morning host Paul Castronovo, extending The Paul Castronovo Show for another multi-year run. Under the deal, the program will continue to air live weekdays from 6-10am on WBGG, where Castronovo has anchored More
Advertisement

Skyview Networks, TM Studios Form Audio Sales Partnership
Skyview Networks
Skyview Networks
Skyview Networks has announced a network audio sales partnership with TM Studios that takes effect this January. Under the agreement, Skyview Networks will gain exclusive access to TM Studios' advertising inventory across its affiliate network. Skyview's sales team will represent the More

KUPL Launches New Local Morning Show January 20
KUPL (98.7 The Bull) Portland OR
KUPL (98.7 The Bull) Portland OR
KUPL (98.7 The Bull) in Portland will debut a new, locally focused morning show on Tuesday, January 20, featuring Jeff "JR" Ramsey, Jake Byron, and Mallory Santic. The station says the new lineup is built around live, local engagement and is designed to reflect Portland's country music community. The More

Woody & Wilcox Add Two Cumulus Affiliates
Woody & Wilcox
Woody & Wilcox
Syndicated The Woody & Wilcox Show is continuing its expansion with the addition of two new affiliates, Cumulus Media's Classic Rock WQUT-FM in Johnson City-Kingsport and Rock WSMS-FM in Columbus-Starkville, replacing John Boy & Billy on both outlets. With the additions, the show's mix of humor, pop 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