Supreme Court Overturns Third Circuit, Upholds Broadcast Dereg

By John Eggerton, Multichannel News, 4-1-21

In a big victory for broadcasters and the Republican FCC under Ajit Pai, the Supreme Court has reversed the Third Circuit’s decision throwing out the FCC’s broadcast deregulation under former FCC Chairman Ajit Pai. Current acting chairwoman Jessica Rosenworcel had voted against the deregulatory move.

In 2017, the FCC had unanimously voted along party lines to eliminate two broadcast ownership rules and adjust a third. Prometheus Radio Project, which has long challenged FCC dereg, challenged again and the Third Circuit vacated the FCC decision, saying it had failed to justify the conclusion that the rule changes would not adversely affect minority or female ownership, so the decision was illegal because it was arbitrary and capricious.

Broadcasters and the FCC appealed that Third Circuit decision.

The Supreme court held that the decision was not arbitrary and capricious and that the FCC’s conclusion that the rules were no longer in the public interest was reasonable.  » Read More