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Media Bureau Seeks to Refresh Media Ownership Record | Wiley Rein LLP

To embed, copy and paste the code into your website or blog: On June 4, 2021, the Federal Communications Commission’s (FCC or Commission) Media Bureau (Bureau) released a Public Notice seeking to refresh the record in its pending 2018 Quadrennial Review proceeding. Comments are due 30 days after publication in the Federal Register and Reply Comments are due 60 days after publication in the Federal Register. The FCC released its Notice of Proposed Rulemaking for the 2018 Quadrennial Review (2018 NPRM) in December 2018.  At that time, the United States Court of Appeals for the Third Circuit was reviewing challenges to the FCC’s Order on Reconsideration of the combined 2010/2014 Quadrennial Review and other orders in which the FCC adopted measures designed to promote broadcast ownership diversity. After the comment period on the 2018 NPRM closed: (1) the Third Circuit issued an Order in

U S Supreme Court Upholds FCC s Relaxed Media Ownership Rules, Opening The Door For More Deals And Possible Antitrust Scrutiny | Morrison & Foerster LLP

To embed, copy and paste the code into your website or blog: M&A in the media industry is about to pick up. Recently, the U.S. Supreme Court upheld the U.S. Federal Communications Commission’s (FCC) 2017 rollback of media ownership limits. Media companies that once avoided specific acquisitions due to regulatory ownership limits may now take a second look. But passing through FCC review is only part of the equation, with the U.S. Department of Justice Antitrust Division (DOJ) and many State Attorneys General frequently taking a hard look at deals in this sector. The Supreme Court’s decision affirming the FCC’s relaxation of its ownership limits means that antitrust scrutiny may now play a larger role in the clearance of media mergers as media companies look to make acquisitions past the FCC’s prior limits.

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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