Supreme Court Should Reinstate FCC’s Modernization of Media Ownership Rules, NAB Argues


The Third Circuit Court of Appeals overstepped its authority when it invalidated the Federal Communications Commission’s (FCC) order modernizing its local media ownership rules, the National Association of Broadcasters (NAB) argues in a brief filed with the Supreme Court last night.

NAB asked the Court to reinstate the FCC’s modernization order and end the Third Circuit’s 16-year assertion of authority over the Commission’s media ownership rulemakings.

In October, the Supreme Court granted an appeal by the FCC and NAB to a ruling by the Third Circuit that blocked the FCC’s 2017 quadrennial review order implementing changes to its broadcast ownership rules. The FCC’s media ownership order had sought to:

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  • eliminate the ban on owning a print newspaper and any radio or TV station in the same market;
  • remove the restrictions on owning radio stations along with a TV station in the same market;
  • revise the rule that limits the ownership of TV stations in local markets;
  • reverse its previous decision effectively banning the joint sale of even modest amounts of advertising time by two same-market TV stations; and
  • reform the FCC’s approach to embedded markets.

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