Prometheus Appeals Incubator Order
Prometheus Radio Project and Media Mobilizing Project filed a petition for review of the FCC’s incubator order in the 3rd U.S. Circuit Court of Appeals, according to court documents (in Pacer). The order and incubator program uses a definition of…
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eligible entities that won’t increase ownership diversity and “fails to compile a record sufficient to consider its impact” on minority ownership, the petition said. The incubator order violates the Administrative Procedure Act, Communications Act and previous media ownership rulings of the 3rd Circuit, petitioners said. The anti-consolidation groups also filed a motion (in Pacer) seeking to have the appeal consolidated with their appeal of the FCC reconsideration order on media ownership rules. The 3rd Circuit requested -- and received -- information on the incubator program as part of that case, which is on hold. The agency didn’t comment.