Revenue-based Incubator Program Arbitrary, Says Red Brennan Group
The FCC and NAB lack sufficient data showing the FCC broadcast incubator program will increase media ownership among women and minorities, said petitioner for reconsideration Red Brennan Group in a reply posted Monday in docket 17-289 to NAB's opposition filing…
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(see 1902110048). The 3rd U.S. Circuit Court of Appeals found previous FCC ownership changes to be arbitrary and capricious because of lack of data, Red Brennan said. A study provided by NAB isn't sufficient to satisfy that requirement and appears to conflict with data gathered by the FCC Advisory Committee on Diversity and Digital Empowerment, the filing said. The revenue-based standard the FCC is using for the incubator program is arbitrary and an obvious attempt to avoid a court loss, Red Brennan said. “Small businesses are not the same as minority-owned and female-owned businesses, and the huge disparities in data suggest that both NAB and the FCC have yet to figure out how likely the groups are to overlap.”