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Prometheus Radio Project v. PRLDEF UNITY 04 1956 (2016)

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United States Court of Appeals, Third Circuit.

Prometheus Radio Project v. Federal Communications Commission; United States of America Prometheus Radio Project, Petitioner in No. 03-3388 Media General, Inc., Petitioner in No. 03-3577 National Association of Broadcasters, Petitioner in No. 03-3578 The Network Affiliated Stations Alliance, The ABC Television Affiliates Association, The CBS Television Affiliates Association and NBC Television Affiliates, Petitioners in No. 03-3579 Fox Entertainment Group, Inc. and Fox Television Stations, Inc., Petitioners in No. 03-3580 Viacom Inc., Petitioner in No. 03-3581 National Broadcasting Company, Inc., and Telemundo Communications Group, Inc., Petitioners in No. 03-3582 Sinclair Broadcast Group, Inc., Petitioner in No. 03-3651 Media Alliance, Petitioner in No. 03-3665 Paxson Communications Corporation, Petitioner in No. 03-3675 National Council of the Churches of Christ in the United States, Petitioner in No. 03-3708 Tribune Company, Petitioner in No. 03-3894 Paxson Communications Corporation, Petitioner in No. 03-3950 Emmis Communications Corporation, Petitioner in No. 03-3951 Center for Digital Democracy and Fairness and Accuracy in Reporting, Petitioners in No. 03-4072 Clear Channel Communications, Petitioner in No. 03-4073 American Hispanic Owned Radio Association, Civil Rights Forum on Communications Policy, League of United Latin American Citizens, Minority Business Enterprise Legal Defense and Education Fund, Minority Media and Telecommunications Council, National Asian American Telecommunications Association, National Association of Latino Independent Producers, National Coalition of Hispanic Organizations, National Council of La Raza, National Hispanic Media Coalition, National Indian Telecommunications Institute, National Urban League, Native American Public Telecommunications, Inc., PRLDEF-Institute for Puerto Rican Policy, UNITY: Journalists of Color, Inc. and Women's Institute for Freedom of the Press, Petitioners in No. 04-1956

Nos. 03-3388, 03-3577, 03-3578, 03-3579, 03-3580, 03-3581, 03-3582, 03-3651, 03-3665, 03-3675, 03-3708, 03-3894, 03-3950, 03-3951, 03-4072, 03-4073 & 04-1956

Decided: June 03, 2016

Before: SCIRICA, AMBRO and FUENTES, Circuit Judges


IT IS NOW ORDERED that the published Opinion in the above case filed June 24, 2004, be amended as follows:

On page 12, under outline section E, point 2, subsections “a” and “b,” replace both of the words “justified” with “justify”

On page 117, on the first line, within subtitle “a,” replace the word “justified” with “justify”

On page 118, fifth line down, within subtitle “b,” replace the word “justified” with “justify”

On page 118, ninth line down, replace the word “justified” with “justify” so that the phrase reads “the Commission did not sufficiently justify that five equal-sized ․”

AMBRO, Circuit Judge

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