Supreme Court Mum on Media Ownership Case Review

The Supreme Court took no action April 16 on broadcasters' appeal of the Third Circuit Court of Appeals ruling last July upholding the Federal Communications Commission's 2008 decision not to loosen the television duopoly, radio ownership or TV/radio cross-ownership rules, but vacating the FCC's loosening of the broadcast/newspaper cross-ownership rule for failure to meet notice and comment requirements.

The Supremes had a conference April 13 where they were expected to consider three appeals of the Third Circuit Court of Appeals ruling. The National Association of Broadcasters sought appeal on the grounds that there was a split in the circuits, while Tribune (joined by Fox, Sinclair, Clear Channel, Bonneville, and the Newspaper Association of America) and Media General challenged on constitutional grounds in separate petitions. Court watchers predicted that if the court took no action, it was likely because it was waiting until it had ruled on the government's challenge to FCC indecency enforcement before it decides, since that also implicates the scarcity rationale for broadcast regulation (Red Lion Broadcasting Co. v. FCC) that Tribune et al. and Media General are challenging in their appeals to the Supremes.