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"The panel's rulings have saddled broadcast markets nationwide with outdated rules that the FCC has repeatedly concluded -- and that the panel has acknowledged -- are preventing struggling traditional outlets from entering transactions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

WBA Hall of Fame Adds Four New Inductees
Wisconsin Broadcasters Association (WBA)
Wisconsin Broadcasters Association (WBA)
The Wisconsin Broadcasters Association (WBA) inducted four broadcasting leaders into the Wisconsin Broadcasters Hall of Fame on Thursday during its Summer Conference at the Grand Geneva Resort in Lake Geneva. The newest Hall of Fame members are Dave Magnum, founder of Magnum Media and a key figure in More

Border Media Acquires WLGR in Ownership Transition
WLGR-FM/Glens Falls NY
WLGR-FM/Glens Falls NY
New York-based Border Media has announced that it has assumed ownership of Adult Hits WLGR-FM (93.5), serving Glens Falls, Queensbury and the Lake George region. The station is being acquired from Sticks Media LLC, owned by Todd Nixon, in lieu of a promissory note held by Border More

Katz Study Highlights Radio's Emotional Connection
Katz Radio Group
Katz Radio Group
A new Katz Radio Group study finds that AM/FM radio continues to play a deeply ingrained role in consumers' daily lives, driven by habitual listening, emotional connections, and trusted air personalities. According to Katz's latest Sound Answers report, more than 86% of radio More
Advertisement

Rivian Drops FM Radio from R2, Sparks Listener Backlash
Rivian
Rivian
Rivian's decision to eliminate AM and FM radio receivers from its new R2 electric SUV is drawing criticism from radio advocates, lawmakers and potential buyers, as concerns grow over the industry's broader move away from traditional broadcast radio in vehicles. According to media reports, the Rivian R2 More

iHeart Unveils AudioGraph for Broadcast Targeting
iHeartMedia
iHeartMedia
iHeartMedia has launched AudioGraph, a new suite of advertising capabilities designed to bring digital-style targeting, measurement and attribution to broadcast radio at scale. Powered by Triton Digital, AudioGraph combines privacy-safe identity technology, audience insights from TransUnion and proprietary More

Triton Digital Issues its May Podcast Rankings
Triton Digital
Triton Digital
Triton Digital has released its U.S. Podcast Ranker for May 2026, with the iHeart Audience Network maintaining its position as the nation's top podcast sales network. Covering the reporting period from May 4-31, the monthly report showed the iHeart Audience Network leading all 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