National Cap NPRM Underscores FCC Uncertainty, Public Interest Groups Tell DC Circuit
The FCC NPRM on changes to the broadcast national ownership cap “underscores the uncertainty” about whether the agency has statutory authority to modify the cap (see 1712140054), said Prometheus Radio Project and Media Mobilizing Project in a filing (in Pacer)…
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in the U.S. Court of Appeals for the D.C. Circuit Thursday as part of a legal challenge of the order eliminating the UHF discount. The NPRM shows “a majority of the currently sitting Commissioners believe that the Commission cannot modify the national ownership cap,” the groups said. Statements from Commissioners Mike O’Rielly, Mignon Clyburn and Jessica Rosenworcel show the FCC doesn’t “deserve Chevron deference for a position that does not have the support of a majority of the Commission,” the filing said.