FCC asks Supreme Court to hear case on media ownership News
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FCC asks Supreme Court to hear case on media ownership

The US Federal Communications Commission (FCC) filed a writ of certiorari with the Supreme Court on Friday requesting that the court weigh in on a case on media ownership that has lasted almost two decades.

The issue first rose in 2002 during one of the reviews the FCC is required to conduct every four years under the Telecommunications Act of regulations that may be necessary for the public’s interest. Based on this act, the FCC has been attempting to loosen media ownership limitations that it deemed to be unnecessary for 17 years. Since media sources such as the internet have grown in commonality, the FCC decided that there was no longer a need to ban companies from owning a local newspaper and broadcast station in one market. The FCC’s attempts at deregulation have been heard multiple times in the US Court of Appeals for the Third Circuit over the years.

This specific case involves Prometheus Radio Project. The circuit court ruled most recently that the FCC “did not adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities.” The circuit court had previously required the FCC to consider this issue, and found its recent analysis “so insubstantial” that the court did not believe it provided “a reliable foundation for the Commission’s conclusions.” Based on this, the circuit court remanded the case and “the bulk of [the Commission’s actions in this area over the last three years.”

In the FCC’s petition, it claimed the many holdings delivered by the circuit court “flouted bedrock administrative-law principles that require judicial deference to agency policy choices.”

If the Supreme Court agrees to take the case, they could break up the 17-year pattern of litigation reaching the circuit court only to be remanded.