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Supreme Court Holding Emphasizes Importance of Building an Administrative Record Before an Agency | WilmerHale

On April 1, 2021, in Federal Communications Commission v. Prometheus Radio Project, 1 the Supreme Court unanimously held that a decision by the Federal Communications Commission (FCC) to repeal or modify three ownership rules (which limited the number of radio stations, television stations, and newspapers that a single entity may own in a given market) was not arbitrary and capricious for purposes of the Administrative Procedure Act (APA). The Court specifically rejected the argument, put forward by Prometheus Radio Project (Prometheus), that the FCC’s assessment of the likely impact of the rule changes on minority and female ownership rested on flawed and inadequate data. The Court emphasized that the FCC had repeatedly requested additional data on this topic and, having received none, appropriately analyzed the available data. Among other things, the case demonstrates the importance of providing to agencies any data they request during administrative proceedings; the lesson of

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