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 NAB says the outdated rules the Third Circuit restored continue to "have a severe, negative impact on America's broadcast and newspaper industries and on the public."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

Heidi Raphael to Lead New York Broadcasters
Heidi Raphael
Heidi Raphael
The New York State Broadcasters Association (NYSBA) has named Heidi Raphael as its next President and Chief Executive Officer, succeeding longtime President and CEO David Donovan. Raphael will take over leadership of the association later this year as Donovan transitions from the role after 15 years at the More

John Lewis Expands Cumulus Regional VP Role
John Lewis
John Lewis
Cumulus Media has promoted John Lewis to Regional Vice President, expanding his responsibilities to include oversight of the company's stations in Fort Walton Beach and Pensacola, FL. Lewis will continue to lead Cumulus' operations in Huntsville, AL, and Chattanooga, TN, while overseeing the company's audio More

Appeals Court Backs Cumulus in Nielsen Case
A federal appeals court has upheld a preliminary injunction blocking Nielsen from enforcing a policy that would require broadcasters purchasing its national radio ratings data to also buy its local ratings services, handing Cumulus Media a significant victory in its ongoing antitrust lawsuit against the More
Advertisement

Shawn Tempesta Takes Over KLUC Morning Show
Shawn Tempesta
Shawn Tempesta
Audacy has named veteran Las Vegas personality Shawn Tempesta as the new morning host for 98.5 KLUC, where he will be heard weekdays from 6-10am. Tempesta returns to the company after beginning his radio career at sister KMXB-FM (Mix 94.1), where he later spent 11 years hosting afternoons. "We are More

Binnie Media Appoints Jodie Gallant as Executive VP
Jodie Gallant
Jodie Gallant
Binnie Media has appointed Jodie Gallant as Executive Vice President of Strategy for Integrated Marketing, expanding the company's focus on connected TV (CTV) and integrated marketing services across New Hampshire and Maine. Gallant, who has been working with Binnie Media since early 2026, has helped More

Mary Lockrem Joins KDES/Palm Springs for Middays
Mary Lockrem
Mary Lockrem
Connoisseur Media Palm Springs has named Mary Lockrem as the new midday host on KDES-FM (98.5 The Bull), where she will be heard weekdays from 10am-3pm. Lockrem joins the Country outlet after spending the past four years on the air in the Coachella Valley. Regional Vice President Sommer Frisk said 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