| Prometheus Radio Project v. Federal Communications Commission | |
|---|---|
 | |
| Court | United States Court of Appeals for the Third Circuit |
| Full case name | Prometheus Radio Project v. Federal Communications Commission (Prometheus I, II, III, and IV) |
| Argued | June 11, 2019 |
| Decided | September 23, 2019 |
| Citation(s) | 939 F.3d 567 (Prometheus IV, 2019) |
| Case history | |
| Prior history | 824 F. 3d 33 (2016), 652 F. 3d 431 (2011), 545 U.S. 1123 (2005), 373 F.3d 372 (2004) |
| Holding | |
| FCC changes to media cross-ownership rules partially upheld and partially remanded after changes made per previous rulings. | |
| Court membership | |
| Judge(s) sitting | Thomas L. Ambro, Julio M. Fuentes, Anthony Joseph Scirica |
| Case opinions | |
| Majority | Ambro |
| Concur/dissent | Scirica |
| Laws applied | |
| Telecommunications Act of 1996 | |
Prometheus Radio Project v. FCC is the general title of a series of cases heard by the U.S. Court of Appeals for the Third Circuit from 2003 to 2019. A media activist group, Prometheus Radio Project, challenged new media ownership rules put forth by the Federal Communications Commission (FCC) in 2002. In the first court challenge in 2004, the Third Circuit overruled an attempt by the FCC to raise the limits of media ownership within markets and relax cross-ownership (radio, television, and newspaper) prohibitions, and determined that a diversity index used by the FCC had been formulated inconsistently.[1]
The Circuit Court enjoined the FCC from enacting its new rules and ordered the Commission to reconsider how it justifies raising ownership limits.[1] The Commission appealed this ruling to the U.S. Supreme Court, but the appeal request was rejected.[2] The FCC then endeavored to adjust its rules as ordered by the Third Circuit. That court revisited the case in 2011 and ruled that changes had been made satisfactorily, and the injunction against enacting the media ownership rules was lifted.[3] Further changes to FCC media ownership regulations led to rehearings in 2016[4] and 2019,[5] after which the dispute remains unsettled.[6]
- ^ a b Prometheus Radio Project v. FCC, 373 F. 3d 372 (3rd Cir., 2004).
- ^ FCC v. Prometheus Radio Project, 545 U.S. 1123, cert. denied, (S. Ct., 2005).
- ^ Prometheus Radio Project v. FCC, 652 F. 3d 431 (3rd Cir., 2011).
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