United States Third Circuit

In a petition for review of an order of the FCC overhauling its newspaper/broadcast cross-ownership rule and granting permanent waivers of the rule to certain newspaper/broadcast combinations, and retaining its failed station solicitation rule, while setting out measures to address broadcast ownership diversity, 23 F.C.C.R. 5922, 2008, order is: 1) affirmed, with the exception of the newspaper/broadcast cross-ownership rule, for which the FCC failed to meet the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. section 551 et seq; and 2) remanded with respect to Diversity provisions that rely on a revenue-based eligible entity definition, and the FCC's decision to defer consideration of other proposed definitions (such as for a socially and economically disadvantaged business), so that the FCC may adequately justify or modify its approach to advancing broadcast ownership by minorities and women.

Appellate Information

• Decided 07/07/2011
• Published 07/07/2011

Judges

• AMBRO

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Angela J. Campbell, Christine A. Varney