SCOTUS Rules in FCC's Favor 9-0 on Prometheus Broadcast Ownership Case
The U.S. Supreme Court unanimously ruled in favor of the FCC in the agency’s appeal of the 3rd U.S. Circuit Court of Appeals Prometheus broadcast ownership case. “The FCC’s decision to repeal or modify the three ownership rule was not…
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.
arbitrary and capricious for purposes” of the Administrative Procedure Act, said Justice Brett Kavanaugh in the majority opinion. Justice Clarence Thomas wrote a concurring opinion. “In light of the sparse record on minority and female ownership and the FCC’s findings with respect to competition, localism, and viewpoint diversity, the Court cannot say that the agency’s decision to repeal or modify the ownership rules fell outside the zone of reasonableness for purposes of the APA,” wrote Kavanaugh. The decision reverses the ruling of the 3rd Circuit, which had reinstated the newspaper/broadcast ownership rule, the eight-voices test and other broadcast ownership limitations. The FCC didn’t immediately comment.