Stay Slay Puts FCC Rules Reform On Final Path

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A request by two anti-consolidation entities for an emergency stay of the FCC’s media ownership order, which effectively ends the ban on cross-ownership rules such as broadcast/newspaper combinations and radio/TV combinations in the same market, has been denied.

As a result, a loosening of the Commission’s ownership rules is one major step closer to fruition.

The decision Wednesday afternoon (Feb. 7) by the Third Circuit Court of Appeals in Philadelphia ends an effort that was initiated Jan. 22 by the Prometheus Radio Project, which took the Commission to court seeking a halt to its rule rewrite. The Media Mobilizing Project joined Prometheus in the case.

A trio of Circuit judges approved the order, which denies an Emergency Petition for Writ of Mandamus filed by the media consolidation foes. The exact reason, as stated by the judges, is that Prometheus and MMP “have not satisfied the exacting standard for obtaining such relief.”

The judges observed that a writ of mandamus can only be given if a petition shows “a clear and indisputable abuse of discretion or error of law, a lack of an alternative avenue or adequate relief, and a likelihood of irreparable injury.” Neither Prometheus nor MMP did so.

The action means the FCC’s decision to end the ban on cross-ownership rules will go forward and face no delay; loosening other local television combinations in individual markets will also be seen.

However, the merits of the Prometheus challenge to the FCC’s new rules will be heard later this year. Even so, the denial of Prometheus and MMP’s request for a stay means that the FCC’s relaxation of the rules will likely be upheld.

Petitions for review regarding the FCC’s new incubator program are still pending — those received a stay of six months from the judges. Why? The judges noted that the exact design of the FCC’s new incubator program is subject to public comment through April 9. “The FCC is hereby directed to file a report on or before August 6 regarding the status of the incubator program,” the judges note.

Commenting on the decision, NAB EVP/Communications Dennis Wharton said, “We’re grateful that the court rejected the mandamus request and that meaningful reform of outdated broadcast ownership rules can go forward.”

With the judges’ ruling on Wednesday, a request to proceed as an intervenor filed by the NAB, major TV station owners, and radio station owners such as Bonneville International Corp. and Connoisseur Media were denied as moot.

The NAB on Feb. 2,  along with Sinclair Broadcast Group, filed a 42-page motion with the Third Circuit Court of Appeals in a formal response to the request of Prometheus Radio Project and Media Mobilizing Project that the Court issue an emergency stay on the FCC’s media ownership reform order.

What did the NAB and Sinclair want? A “move for leave,” which would have allowed them to file their answer to questions as to why a stay shouldn’t be granted.

That’s no longer necessary, thanks to the ruling today.

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