[grc] Media Statement: Public Interest Groups Appeal Third Federal Communications Commission Media Ownership Decision

[Paul Bame]

Public Interest Groups Appeal Third Federal Communications Commission Media
Ownership Decision

[image: FCC Logo]
September 4, 2018

Prometheus Radio Project (“Prometheus”) and Media Mobilizing Project
(“MMP”) filed Friday in the U.S. Court of Appeals for the Third Circuit
challenging the Federal Communications Commission’s August 3, 2018 decision
adopting an incubator program.

Prometheus and MMP also simultaneously requested the Third Circuit
consolidate this new appeal with the previous two pending appeals
challenging the Commission’s Quadrennial Review media ownership
decisions—the appeal of the Obama Commission’s August 2016 decision and the
appeal of the Trump Commission’s November 2017 decision. “In the new
incubator decision—as in its previous decisions—the Commission failed take
steps that would actually improve ownership diversity,” said Cheryl A.
Leanza, counsel for Prometheus and MMP. “The Third Circuit has directed the
Commission three times to consider its rulings impact on ownership
diversity. The Commission has, again, failed to follow the Third Circuit’s
mandate.”

“Consolidation harms diversity in ownership and harms local broadcasting,”
said Paul Bame of Prometheus Radio Project, “and trendy incubators are
slight-of-hand and don't actually address the diversity requirement.”

Currently the appeals of the 2016 and 2017 decisions by industry and public
interest petitioners are consolidated and awaiting appeal in dockets
18-1092 and 17-1107. The Commission’s Quadrennial Review decisions have
been reversed three times by the Third Circuit, in Prometheus Radio Project
v. FCC, 373 F.3d 372 (3d Cir. 2004) (“Prometheus I”); Prometheus Radio
Project v. FCC, 652 F.3d 431 (3d Cir. 2011) (“Prometheus II”); and
Prometheus Radio Project v. Federal Communications Commission, 824 F.3d 33
(3d Cir. 2016) (“Prometheus III”).

Leanza is serving as pro bono counsel for Prometheus and MMP in her
capacity at Best, Best & Krieger. She is serving as co-counsel with Andrew
Jay Schwartzman and Angela Campbell of the Georgetown Law Center. Press
inquiries may be directed to info at prometheusradio.org.