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3rd Circuit Interfered With FCC on Media Ownership, ICLE Tells SCOTUS

The 3rd U.S. Circuit Court of Appeals repeatedly interfered with the FCC, said the International Center for Law & Economics in an amicus brief posted to Supreme Court docket 19-1241 Friday. ICLE filed in support of the petitions for certiorari…

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from the NAB and FCC, seeking to have the 3rd Circuit’s Prometheus IV ruling overturned (see 2005220049). By vacating the FCC’s latest quadrennial review order, the 3rd Circuit panel substituted its judgment for that of Congress, which delegated authority to the agency to determine whether media ownership rules are needed, the brief said: “These outdated regulations have already contributed to an ‘extinction-level crisis’ in the newspaper industry, and the spread of that crisis to local broadcasters in smaller markets is imminent.” SCOTUS should hear the appeal because the 3rd Circuit’s ruling “will cause serious and immediate injury to the public’s First Amendment interest in preserving a strong local free press,” the brief said.