U.S. Appeals Court, D.C., should reconsider decision making it ‘m...
U.S. Appeals Court, D.C., should reconsider decision making it “more difficult to justify retaining a rule than to justify adopting it in the first instance,” NAB said in petition for rehearing of court’s decision overturning 35% broadcast ownership cap.…
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NAB petition filed Fri. also said appeals court panel decision didn’t give adequate deference to will of Congress and was at odds with court precedent. Petition said statute clearly directed FCC to determine whether existing rules no longer were in public interest, but “the public interest standard remains the same.” U.S. Supreme Court has recognized for decades that “the touchstone for assessing the substantive validity of the Commission’s rules is whether they serve the public interest, not whether they are strictly necessary in the public interest,” NAB said. Broadcasters said decision could be reconsidered either by panel itself or by court en banc.