Broadcasters, Diversity Groups Spar in Briefs Filed in 2014 QR Case

Black Owned Broadcasters jointly chided the FCC for unreasonable delay, in final (in Pacer) and reply (in Pacer) briefs posted through Friday. “Despite this Court’s admonitions and prodding, the Commission has repeatedly avoided promulgating a concrete plan that promotes minority and female broadcast ownership,” MMTC and NABOB said. The petitioners, which also include Prometheus Radio Project and Media Mobilizing Project, “failed to identify any member of their organizations that has standing, much less describe how any member has suffered a concrete and particularized injury,” said (in Pacer) industry intervenors, including NAB, Sinclair and Connoisseur Media. MMTC and NABOB said the FCC unreasonably delayed taking action on a proposal to apply cable procurement rules to broadcasting, which is part of the 2018 QR. The diversity groups also said the agency violated the Administrative Procedure Act with its incubator program by allowing broadcasters to receive rule waivers in “comparable markets.” No party “commented on or advocated a switch to the comparable market definition during the public comment period,” MMTC and NABOB said. The argument that “established broadcasters have an incentive to game the system is entirely speculative” and based on a misunderstanding, the broadcast intervenors said. “Race- and gender- based ownership considerations cannot overwhelm Congress’s specific statutory directive to consider competition.”