April 1, 2021 | 3:13 pm EDT by Scott R. Flick
Few rules in the Code of Federal Regulations have as tortured a history as 47 CFR § 73.3555 the broadcast multiple ownership rules. The subject of court decisions too numerous to count, a brief review of FCC decisions revising (or deciding not to revise) these rules reveals a twisted mass of logic and rationales where parties fiercely argue even as to the very reason for their existence. Today, the Supreme Court released a
unanimous decision reversing the Third Circuit’s ruling involving three ownership rules, noting simply that the FCC’s approach had been reasonable, and the fact that it made its decision based on the record before it rather than the record the Third Circuit wished for, was just the way government must function.
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