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 NAB says the outdated rules the Third Circuit restored continue to "have a severe, negative impact on America's broadcast and newspaper industries and on the public."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

iHeartMedia Names Lainie Fertick Chief Insights Officer
Lainie Fertick
Lainie Fertick
iHeartMedia has promoted Lainie Fertick to the newly created position of Chief Insights Officer, placing her in charge of insights initiatives across the company and adding her to its Strategic Communications (StratCom) leadership team. The appointment was announced in an internal memo from iHeartMedia More

Radio Hall of Fame Inducts Eight in Class of 2026
Radio Hall of Fame
Radio Hall of Fame
The Radio Hall of Fame welcomed eight new members during its 2026 induction ceremony and dinner Thursday, October 8, at the Fairmont Chicago, Millennium Park, recognizing broadcasters and industry executives whose careers have made significant contributions to radio. The Class of More

Veteran Broadcast Engineer John Bisset Dies at 73
John Bisset
John Bisset
John Bisset, a longtime broadcast engineer, industry educator and author of Radio World's popular "Workbench" column, has died following a period of illness. He was 73, according to Radio World, which reported his passing October 8. Bisset spent 55 years in broadcasting, building a career that included More
Advertisement

Emily Exits WDJX Louisville After Four Years
Emily Mahurin
Emily Mahurin
Emily on the Radio (aka Emily Mahurin) is departing Connoisseur Media's CHR WDJX-FM (99.7 DJX) in Louisville after four years in afternoon drive to pursue a career opportunity outside the radio industry. Mahurin announced her departure in an Instagram post, reflecting on her decision to relocate to More

Benztown Produces Tribute to NFL Legend Mike Ditka
Benztown Tribute to Mike Ditka
Benztown Tribute to Mike Ditka
Benztown has produced an audio tribute honoring legendary NFL player and coach Mike Ditka, who died Friday, October 9, at age 86. The tribute was voiced by Darren Silva and written and produced by Thomas Green. Ditka, one of professional football's most recognizable personalities, was best known for More

BIA Forecast Sees Radio Digital Growth in 2027
BIA Advisory Services
BIA Advisory Services
Local radio advertising revenue is projected to decline in 2027 as political spending subsides, but continued digital growth and opportunities in key advertiser categories offer reasons for optimism, according to BIA Advisory Services. In a post on the Radio Advertising Bureau's (RAB) "This is Radio" 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