NAB Files Opening Brief With Supreme Court In Appeal Of Third Circuit Vacating, Remanding FCC Ownership Rules Revision

Opening Brief Filed

The NATIONAL ASSOCIATION OF BROADCASTERS, joined by other industry parties, has filed its opening brief with the SUPREME COURT supporting the FCC's appeal of the THIRD CIRCUIT COURT OF APPEALS' order vacating and remanding the revised FCC local media ownership rules, asserting that the Commission need not consider the effect of its rules on minority and female ownership.

The NAB brief contends that the THIRD CIRCUIT's decision to vacate and remand the rules was based on what the appeals court said was inadequate consideration of the effect of the rule changes on minority and female ownership, which the brief says was faulty reasoning because the Commission is not required under the law to consider that factor and is only required to consider competition overall, not diversity.

The NAB is joined by BONNEVILLE INTERNATIONAL CORP., CONNOISSEUR MEDIA, FOX and NEWS CORP., the NEWS MEDIA ALLIANCE, NEXSTAR, THE SCRANTON TIMES, and SINCLAIR BROADCAST GROUP in supporting the FCC's appeal. COX MEDIA GROUP was an intervenor with the appellants in the THIRD CIRCUIT proceeding. The opposition is composed of PROMETHEUS RADIO PROJECT, MEDIA MOBILIZING PROJECT, the UNITED CHURCH OF CHRIST, NABET, COMMON CAUSE, the MMTC, NABOB, INDEPENDENT TELEVISION GROUP, and FREE PRESS. BENTON FOUNDATION and the NATIONAL ORGANIZATION FOR WOMEN FOUNDATION were intervenor respondents in the THIRD CIRCUIT.

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