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Public Interest Groups and Broadcasters Argue Over Intervenors in Media Ownership Case

The 3rd U. S. Circuit Court of Appeals should reject broadcaster motions to intervene in public interest groups’ request for an emergency stay of FCC relaxation of broadcast ownership rules (see 1802020065), said Prometheus Radio Project and Media Mobilizing Project…

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in an opposition filing (in Pacer). Prospective intervenors Bonneville International, Nexstar, NAB, Sinclair, News Media Alliance, 21st Century Fox, News Corp. and Connoisseur Media should be denied because their filings argue the merits of the FCC’s media ownership order on reconsideration and so aren’t “germane,” the public interest groups said. If those entities will be injured by the staying of the order, “it is the result of the FCC’s persistent and repeated failure to follow the directives of this Court,” the public interest groups said. NAB and Sinclair raised points germane to the stay request but only repeated the agency’s points, Prometheus and the Media Mobilizing Project said. Connoisseur disputed the public interest groups’ filing in a response (in Pacer) Monday, arguing it has the right to intervene because the stay request also would freeze the recon order’s changes to the rules on embedded markets. “The oppositions did address the mandamus request and its call for a stay of the changes in the FCC’s ownership rules,” it said. Connoisseur lobbied the FCC for the embedded markets rule change, and "neither Petitioners nor any other party opposed this change, and no party before the FCC suggested that this policy change would have any effect on minority ownership,“ Connoisseur said. “Grant of Petitioners’ mandamus request would provide Petitioners relief they never requested from the FCC.” A ruling on the emergency stay request is expected soon; without court intervention, the recon order takes effect Wednesday.