Broadcasters are telling the Supreme Court that a lower court’s rejection of the FCC’s broadcast dereg decision was a recipe for “judicial intervention run riot” and that diversity alone cannot be invoked to block deregulation of rules that marketplace changes have rendered unsupportable and no longer necessary in the public interest.
The FCC has voted to approve an order that allows MVPDs to transition some of their paper notifications to electronic delivery, or as the FCC put it, to update notification rules for the digital age.
The U.S. Court of Appeals for the Third Circuit won’t review a three-judge panel decision throwing out much of the FCC’s broadcast ownership deregulation order according to a court document obtained by B&C. If the FCC or NAB want to continue to appeal the FCC order, the next stop is to seek Supreme Court review.
The National Association of Broadcasters has joined with the FCC in seeking a full court hearing of the U.S. Court of Appeals’ three-judge panel decision vacating most of the FCC’s broadcast deregulation decision. Broadcasters had backed that decision and would have preferred even more deregulation.