From ScotusBlog: Federal Communications Commission v. Prometheus Radio Project

Soon to argued before the court.

- Click here for the page.

Issue: 

Whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other things, relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions.

The Case (From Ballotpedia):

The Federal Communications Commission ("FCC") issued modifications and orders following its 2016 quadrennial review of rules governing ownership of broadcast media under the Communications Act of 1934 and the Telecommunications Act of 1996. A group of petitioners challenged several of the FCC's rule changes with the U.S. Court of Appeals for the 3rd Circuit, which retains judicial review of the FCC's orders. The 3rd Circuit held that the petitioners had standing, that the FCC's retention of the top-four component of its local television ownership rule was not arbitrary and capricious, that the Incubator Order’s definition of comparable markets was not arbitrary and capricious and was sufficiently noticed, and held that the FCC was not unreasonable in its delayed action related to a proposal to adopt procurement rules for the broadcasting industry. It also held that the FCC had not sufficiently considered the rule changes' effect on women- and minority-owned media. The court vacated and remanded the FCC's orders and its definition of "eligible entities", and denied the petitioners' request to appoint a special master to ensure timely compliance by the FCC with the court's rulings.