Prometheus Radio Project v. Fed.Commc'n Comm'n, No. 08-3078 (3d Cir. 2011)Annotate this Case
In a 2004 decision, the Third Circuit affirmed the Federal Communications Commission‘s authority to regulate media ownership but remanded aspects of the Commission‘s 2003 Order that were not adequately supported by the record, including numerical limits for local television ownership, local radio ownership rule, rule on cross-ownership of media within local markets, and repeal of the failed station solicitation rule. A 2008 FCC rule retained radio/television cross-ownership rule, local television and radio ownership rules in existence prior to the 2003 order, a failed station solicitation rule, and set out a series of other measures to address broadcast ownership diversity, in a separate order. The Third Circuit affirmed the order, excepting the newspaper/broadcast cross-ownership rule, for which the Commission failed to meet the notice and comment requirements of the APA, and remanded provisions of the diversity ordered that relied on a revenue-based "eligible entity" definition. The court also remanded the FCC decision to defer consideration of other proposed definitions (such as for a socially and economically disadvantaged business), so that it may adequately justify or modify its approach to advancing broadcast ownership by minorities and women.