Home Login RADIO ONLINE RSS Facebook

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 NAB says the outdated rules the Third Circuit restored continue to "have a severe, negative impact on America's broadcast and newspaper industries and on the public."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

Latest Radio Stories

Audacy Names Zach Gelb Brand Manager of 104.3 WQAM
Zach Gelb
Zach Gelb
Audacy has named Zach Gelb Brand Manager of Sports 104.3 WQAM in Miami, following the first anniversary of the station's FM launch. Gelb will oversee content strategy, talent, operations and branding, including flagship coverage of the Florida Panthers, Miami Heat, Miami Marlins and University of Miami More

Bruno Mars, Kehlani Top 2026 iHeartRewind Rankings
iHeart Rewind
iHeart Rewind
Bruno Mars was iHeartRadio's most listened-to artist of 2026, while Kehlani's "Folded" was the year's top song, according to the company's annual iHeartRewind rankings. The rankings are based on total audience spins (TAS) and streams across iHeartMedia's broadcast stations and the iHeartRadio app. Mars More

Audacy Launches Cheer Podcast With Tiki and Traci
Double Down on Cheer
Double Down on Cheer
Audacy will debut "Double Down on Cheer with Tiki and Traci" on Friday, November 13. The weekly podcast pairs former New York Giants running back and WFAN host Tiki Barber with his wife, nonprofit executive Traci Johnson, for conversations about competitive cheerleading, youth sports and parenting. New More

WNYC Names Molly Webster Co-Host of Radiolab
Molly Webster
Molly Webster
WNYC New York has named science journalist Molly Webster co-host of "Radiolab" alongside Latif Nasser. Webster, who has spent 14 years as a reporter, producer and guest host on the public radio show and podcast, steps into the role ahead of its 25th anniversary in 2027. Webster succeeds Lulu Miller, who More

AM/FM, SiriusXM Index Highest In-Car, Edison Finds
Edison Research at SSRS
Edison Research at SSRS
AM/FM radio and SiriusXM each record their strongest listening performance in the car, while YouTube and audiobooks peak at home, according to the latest Share of Ear findings from Edison Research at SSRS. Streaming music and podcasts index highest in locations outside the home, car and workplace. More

Garth Brooks to Buy WRLT Nashville for $3 Million
WRLT (FM-100) Nashville
WRLT (FM-100) Nashville
Garth Brooks' The Sevens Network LLC has agreed to buy WRLT-FM (100.1) from Tuned-In Broadcasting for $3 million, pending FCC approval. Brooks plans to launch "FM-100," a Country station serving Nashville, while WRLT's current Adult Alternative format, "Lightning 100," will move to 106.3 FM after the sale More

Return to Menu

Advertisement

Advertisement

Advertisement