FCC in 3rd Circuit Reply Stands by Ownership Recon Order, 2014 Quadrennial Review
Anti-consolidation groups arguing against the 2014 quadrennial review and ownership reconsideration order (see 1812210070) lacked enough evidence to conclude the rule changes wouldn't significantly affect minority and female ownership and fail to account for the FCC's "reasonable judgment" that competitive…
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changes and public policy considerations supported the moves. So argued the agency in a docket 17-1107 brief (in Pacer) posted Friday with the 3rd U.S. Circuit Court of Appeals. The agency said it kept its restriction on mergers among the top-four rated stations because the record showed that prohibition was still an appropriate way to preserve programming competition. It said there's no requirement it show every ownership rule independently "promotes every form of diversity" and regardless, it looked at alternatives to promoting minority or female ownership but concluded they posed First and Fifth amendment challenges. The ownership rules "desperately needed change" and petitioners don't establish a right to relief under the Administrative Procedures Act deferential standard of review since the the FCC met its legal obligation by looking at the rules in light of competition, industry intervenors said (in Pacer). They said the challenge of the FCC's radio station ownership incubator program, if successful, would reverse the agency's first meaningful attempt in a generation at boosting female and minority ownership. They said petitioners seek "wildly overbroad remedies" that would invalidate actions not being challenged. The intervenors are Nexstar, Fox, News Media Alliance, NAB, News Corp., Bonneville International, Sinclair and Connoisseur Media. Petitioner outside counsel emailed us it's reviewing industry and FCC briefs but "neither grapples with the fundamental failure of the FCC to consider the harm to ownership by women and people of color caused by media consolidation.”