More on the FCC Court Decision: Prometheus’ Press Release & Link to the Decision Itself

Looks like I have some fun reading ahead of me tonight, since I’ll want to be able to comment cogently on this decision on tomorrow’s radioshow. In the interim, you can read the court decision yourself — the Media Access Project has a pdf of it hosted on their site (warning: it’s 218 pages).

Prometheus Radio Project is the group that brought the suit challenging the FCC’s rules, so here’s their take on the decision, in the form of a press release:

FOR IMMEDIATE RELEASE: FEDERAL COURT PRESERVES STAY OF RULES, CALLS FCC DEREGULATORY TENDENCIES ‘IRRATIONAL’ AND ‘INCONSISTENT’


Contact: Pete Tridish, 215.727.9620, 215.605.9297, petri@prometheusradio.org

Contact: Hannah Sassaman, 215.727.9620, 267.970.4007, hannahjs@prometheusradio.org

In a lengthy decision of over 200 pages, the Third District Court today
told the Federal Communications Commission that its attempts to further
deregulate the American media system are unjustified. The court
determined that the FCC relied on “irrational assumptions and
inconsistencies” in determining the new cross-ownership caps, and ordered
them to make a new decision that takes seriously their duty to regulate
media to preserve the public interest.

The court’s decision in this case requires the FCC to reverse its
controversial June 2003 decision relaxing the regulation of ownership of
the newspaper, television and radio industries. Judges faulted the FCC’s
methodology in measuring concentration, and rejected the FCC’s argument
ownership limits should be removed unless evidence could be shown to
warrant their retention. With the burden of proof back on the FCC,
consumers groups, parents, activist organizations, and even FCC
Commissioner Michael Copps joined Prometheus in celebration of the Court’s
decision. “The rush to media consolidation approved by the FCC last June
was wrong as a matter of law and policy,” said Commissioner Copps in a
released statement. “The commission has a second chance to do the right
thing.”

“This outstanding decision comes at a time when unprecedented debate on
the role of media outlets in Americans’ lives is taking place,” said
Prometheus Program Director Hannah Sassaman. “Thousands of Americans are
telling the Commission and everyone who will listen that consolidation is
bad for their communities and families. It is of paramount importance
that the FCC use that testimony to inform new ownership rules that will
preserve and protect America’s diverse, local voices.”

The Prometheus Radio Project is also currently working to expand the
number of Low Power FM (LPFM) Radio stations in the United States. FCC
Chairman Michael Powell, Senator John McCain of Arizona, Senator Patrick
Leahy of Vermont, and many thousands of Americans have looked to LPFM to
provide a good source of local, diverse content in an era of profoundly
consolidated media. “Senators McCain and Leahy recently proposed Senate
Bill 2505, which will, if passed, bring thousands of low-power community
radio stations to America’s cities and countryside,” said Prometheus
Technical Director Pete Tridish. “Now that the American people, members
of Congress, and the courts have all said that consolidated ownership of
media doesn’t serve us, we urge Congress to pass this bill, and bring more
truly independent media outlets to our country.”

Prometheus brought the original motion to stay the rules on behalf of
their constituents, the many thousands of Americans fighting to build low
power, independent radio stations. The Prometheus Radio Project is an
activist organization that fights for more democratic ownership and
regulation of media. Prometheus advocates for community organizations that
want to start radio stations, and has helped build the first radio
stations owned by civil rights and environmental organizations in the
United States.

For more information about this case, and the continued work to expand Low
Power FM, contact Hannah Sassaman or Pete Tridish at the Prometheus Radio
Project.


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