MMTC, NABOB Appeal Incubator Order to DC Circuit
The FCC didn’t properly provide notice of the market comparability standard used in the incubator order, said the Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters in a petition for review (in Pacer) with…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
the U.S. Court of Appeals for the D.C. Circuit. The incubator NPRM referred to allowing broadcast ownership waivers given through the program to be granted in similarly sized markets to those where the incubation occurs, but the order says the two markets must be only in the same market size tier, and the comparable market can’t have fewer independent owners, the petition said. “The difference between these two concepts is substantial." The standard in the order allows broadcasters in markets “that are substantially smaller with at least 45 full power radio stations to use the waiver in any of the ten largest (measured by size or by revenues) markets,” the petition said. It's ”arbitrary and capricious" and “an abuse of discretion,” the petition said. Prometheus Radio Project also appealed (see 1809040065). Commissioner Mike O’Rielly said Thursday he's concerned litigation could slow down incubator implementation (see 1809270059).