3rd Circuit Denies Stay Request of Recon Order, Wants FCC Report on Incubator Plan

and Media Mobilizing Project’s emergency petition didn’t show “a clear and indisputable abuse of discretion,” likelihood of irreparable injury, a lack of alternatives for relief or an error of law, the order said. Though the rejection is a setback for public interest groups, the court’s request for an FCC report on the proposed incubator program is an indication the issue of minority ownership is still alive here, said University of Minnesota School of Journalism assistant professor-media law Christopher Terry. The incubator program is the agency’s answer to court remands requiring consideration of minority ownership in relaxation of media ownership rules, and the public comment period for the “exact design” of the program doesn’t end until April 9, the order said. “The FCC is hereby directed to file a report on or before August 6, 2018 regarding the status of the incubator program.” That’s an indication the panel will decide if the program fulfills the requirements it laid out in prior decisions, Terry said. The 3rd Circuit put the public interest group petitions of the reconsideration order and the 2014 quadrennial review on hold until August as well. That means little is likely to happen in the proceeding until then, Terry said. Wednesday was the recon order's effective date, and with a stay off the table for now, broadcast deals taking advantage of the relaxation of rules are likely to proceed, he said. The 3rd Circuit also declared (in Pacer) motions to intervene in the case by broadcasters were now rendered moot. NAB is "grateful" that the FCC's "meaningful reform" can proceed, a spokesman said via email. “We are pleased that the Third Circuit has allowed the Commission’s modernized media ownership rules to take effect," an FCC spokesman told us. Attorneys representing the petitioners didn't comment.