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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

FCC, iHeart Reach Deal on Payola Safeguards
Federal Communications Commission
Federal Communications Commission
The FCC has reached a consent decree with iHeartMedia resolving an investigation into the company's compliance with federal payola rules, establishing new reporting, training and disclosure requirements aimed at protecting artists from improper pressure tied to radio airplay and live event appearances. More

Nielsen: Radio Continues to Lead Weekly Reach
Katz Radio Group
Katz Radio Group
Radio continues to deliver the broadest weekly audience of any measured media platform, reaching 87% of U.S. adults each week despite growing media fragmentation, according to Katz Radio Group's latest Sound Answers report highlighting Nielsen Audience Insights data for the first More

Seattle Sports Renews WSU Broadcast Partnership
KIRO-AM/Seattle
KIRO-AM/Seattle
Washington State University Athletics has entered into a new multi-year partnership with Bonneville Seattle Media Group, restoring 710 KIRO-AM (Seattle Sports) as the Seattle flagship station for Cougar Football and Men's Basketball broadcasts. The agreement expands Washington State's reach throughout More
Advertisement

New Generation Radio Launches Virtual Jingles
Virtual Jingles
Virtual Jingles
New Generation Radio has introduced Virtual Jingles, a new custom jingle and station imaging service designed to provide radio outlets with fresh, customizable branding tailored to today's music formats. Developed under the VirtualJock.com umbrella, the service delivers custom-produced More

CPR Classical Adds Two Host/Producers
Mario Rivas and William Carman
Mario Rivas and William Carman
Colorado Public Radio has expanded its CPR Classical team with the addition of Mario Rivas (pictured far left) and William Carman as host/producers. The pair bring complementary backgrounds in filmmaking, music performance, education and community engagement, offering fresh perspectives More

Connoisseur Media Sells 94.5 FM Signal to K-Love
KBAY-FM/San Francisco
KBAY-FM/San Francisco
Connoisseur Media has agreed to sell the 94.5 FM signal licensed to Gilroy, CA, currently known as KBAY-FM, to K-Love Inc. for $2 million. The transaction, which is subject to FCC approval, is expected to close in early fall. Despite the sale, Connoisseur will retain the KBAY-FM call letters, 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