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 NAB says the outdated rules the Third Circuit restored continue to "have a severe, negative impact on America's broadcast and newspaper industries and on the public."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

Eastlan Ratings Adds Kelly and Ehrman to Support Team
Eastlan Ratings
Eastlan Ratings
Eastlan Ratings has expanded its client training and support team with the addition of radio industry veterans Jay Kelly and Tommy Ehrman as the company prepares for continued market expansion into 2027. Kelly brings decades of broadcast and digital media experience to Eastlan. A More

Townsquare Media's Kelly Quinn to Depart After 25 Years
Kelly Quinn
Kelly Quinn
Townsquare Media Chief Growth Officer Kelly Quinn will depart the company on October 30, ending a 25-year career that included senior leadership positions in sales, market operations, digital advertising and revenue development. Quinn announced his departure in a September LinkedIn post, saying the More

Chris Cline Exits Reelworld as VP/AR After 18 Years
Chris Cline
Chris Cline
Chris Cline has departed his position as Vice President of Affiliate Relations at Reelworld after 18 years with the radio imaging and production company. He will continue working with Reelworld in a limited consulting capacity. Cline, a radio industry veteran with more than three decades of experience, More
Advertisement

iHeartMedia Sets Third Quarter Earnings Call for Nov. 9
iHeartMedia
iHeartMedia
iHeartMedia has announced that it will release its financial results for the third quarter ended September 30 on Monday, November 9. The company will host a conference call at 4:30pm ET following the earnings release to discuss its quarterly financial performance and business outlook. Investors and More

Fisher House Offers Free Veterans Day Radio Special
Fisher House
Fisher House
Fisher House Foundation is offering radio outlets nationwide a free three-hour Veterans Day special, "Together in Mission: The Fisher House Journey," hosted by nationally syndicated radio personality and Townhall Editor Larry O'Connor. The program, available for broadcast on Veterans More

Westwood One Study Challenges Eight AM/FM Radio Myths
Cumulus Media | Westwood One
Cumulus Media | Westwood One
A new analysis from Cumulus Media's Westwood One Audio Active Group challenges eight common advertiser perceptions about AM/FM radio, citing research that shows the medium continues to deliver substantial audience reach, advertising effectiveness and return on investment. In the latest Audio Active Group More

Return to Menu

Advertisement

Advertisement

Advertisement