Home Login RADIO ONLINE RSS Facebook
Advertisement

U.S. Supreme Court to Hear FCC Media Ownership Dispute


U.S. Supreme Court
U.S. Supreme Court

The U.S. Supreme Court agreed on Friday to hear an appeal by the Federal Communications Commission and the National Association of Broadcasters to a lower court ruling blocking changes to broadcast media ownership regulations. The nearly two-decade dispute contests the Third Circuit Court of Appeals' ruling on the Commission's 2016 quadrennial review order that attempted to institute modest reforms to broadcast media ownership regulations.

In September, 2019, a three-judge panel of the Court vacated the FCC's 2016 order. The panel has rejected multiple attempts by the FCC to modernize its media ownership rules for the past 15 years.

NAB claims the media marketplace has changed dramatically, with the advent of smartphones, social media and streaming video and audio, as well as the widespread availability of cable television and satellite radio and television -- all of which are less regulated than the broadcast and newspaper industries. Although Section 202(h) of the Telecommunications Act of 1996 explicitly instructs the FCC to account for these competitive changes, the Third Circuit continues to block its efforts to do so.

NAB says that Respondents never challenged the FCC's statutorily required competition analysis and make no serious effort to confront the statutory text. Instead, because they prefer the Third Circuit's elevation of policy preferences over the language Congress adopted, they insist that this Court cannot even interpret Section 202(h) unless the Commission first determines whether the statute requires consideration of diversity. NAB says that argument is beside the point because the question presented here is whether the Third Circuit correctly interpreted Section 202(h) in setting aside the Reconsideration Order, not whether the FCC correctly interpreted the statute.

NAB also claims that Respondents' insistence that petitioners can and should simply present their statutory arguments to the Commission during the next quadrennial review and hope that the Commission accepts their position despite the Third Circuit's ruling is equally flawed. Petitioners' statutory arguments are properly before the Supreme Court now, and they have waited long enough -- almost 20 years -- for the regulatory relief that Congress envisioned under Section 202(h). NAB says the outdated rules the Third Circuit restored continue to "have a severe, negative impact on America's broadcast and newspaper industries and on the public."

In a statement, NAB President and CEO Gordon Smith said, "NAB looks forward to presenting our case before the Supreme Court this term. For almost two decades, the Third Circuit Court of Appeals has blocked common-sense changes to outdated broadcast ownership regulations to the detriment of local journalism. The time has come to allow the FCC to modernize its rules."

Advertisement

Latest Radio Stories

Cumulus Cuts Staff in Multi-Market Layoff Round
Cumulus Media
Cumulus Media
Cumulus Media has enacted a new round of layoffs affecting air talent, programmers and management across multiple markets as the company continues its financial restructuring. The company has not disclosed how many employees were impacted, but departures confirmed through media reports span stations in More

Magnum to Acquire Sparta-Tomah Radio Outlets
Magnum Media
Magnum Media
Magnum Communications has reached an agreement to acquire four western Wisconsin radio outlets from Sparta-Tomah Broadcasting Co., with an application for the sale to be filed with the FCC. The transaction includes Country WCOW-FM (97.1), News/Talk WKLJ-AM (1290), translator More

97 Rock Adds Peck, Sylvester to Bills Coverage
Paul Peck and Kevin Sylvester
Paul Peck and Kevin Sylvester
As Buffalo Bills football returns to WGRF-FM (97 Rock), the station is expanding its game day coverage with the addition of veteran Buffalo sportscasters Paul Peck and Kevin Sylvester. The pair will host the first two hours of the station's pregame coverage, beginning four hours before kickoff each week. More
Advertisement

WWNN Launches Weekend Business Reports
Worldwide News Network (WWNN)
Worldwide News Network (WWNN)
Worldwide News Network (WWNN) has expanded its programming lineup with the launch of WWNN Weekend Business Reports, a new weekend feature focused on business, financial markets and the economy. The reports debuted Saturday, August 1, on Hubbard's WTOP in Washington, DC, becoming the first affiliate to carry More

Family Life to Acquire WOGI-FM for $1 Million
Family Life Radio
Family Life Radio
Family Life has reached an agreement to acquire Country WOGI-FM (104.3) in Moon Township, PA, and Pittsburgh translator W288BO (105.5) from Forever Media for $1 million. WOGI-FM operates with 13,000 watts and serves the greater Pittsburgh area. The acquisition will add the station More

Shalom South Florida Marks 40 Years on the Air
Roni
Roni
Shalom South Florida, one of the nation's longest-running Jewish radio programs, will celebrate its 40th anniversary with special broadcasts on Sunday, August 9 and August 16. Hosted by Roni since its debut in August 1986, the weekly program airs Sundays from 9:30-11am and features 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