In FCC v. Prometheus Radio Project, the U.S. Supreme Court reversed the decision of the U.S. Court of Appeals for the Third Circuit regarding the Commission’s media ownership rules. The Third Circuit had vacated and remanded the Commission’s 2018 Incubator Order and its 2017 Order on Reconsideration in their entirety, as well as the definition of eligible entities adopted in the Commission’s 2016 Second Report and Order. Consistent with the Supreme Court’s decision, this Order reinstates the changes adopted in the Incubator Order and Order on Reconsideration and the eligible entity definition as adopted in the Second Report and Order. As such, the Newspaper/Broadcast Cross-Ownership Rule, the Radio/Television Cross-Ownership Rule, and the Television Joint Sales Agreement Attribution Rule are eliminated, and the Local Television Ownership Rule and Local Radio Ownership Rule are reinstated as adopted in the Order on Reconsideration.6In addition, the eligible entity standard and its application to regulatory measures as set forth in the Second Report and Order are reinstated. Finally, the regulatory measures adopted in the Incubator Order are reinstated. See Order for full details.
Posted: June 4, 2021