FCC ‘can and should provide persuasive reasons’ for retaining 35%...
FCC “can and should provide persuasive reasons” for retaining 35% national TV ownership cap, NAB Pres. Edward Fritts and Network Affiliated Stations Alliance (NASA) Chmn. Alan Frank said in letters to all FCC commissioners. They said, however, that court…
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decision that agency must conduct full rulemaking every 2 years to justify retaining cap is “disaster” and “threatens administrative paralysis.” NAB and NASA offered to help FCC either appeal decision or convince Congress to overturn it. Court didn’t actually reject cap, they said again: Instead, it rejected method FCC used in biennial review to justify keeping it. NAB and NASA said court actually indicated cap was constitutional if justified, that considerations such as localism and diversity might justify cap and that court would uphold it if FCC set good foundation for it. “The court’s decision leaves ample room for the Commission to retain the cap,” Fritts and Frank said: “There are compelling reasons to retain the cap.”