Broadcast Ownership Deregulation Could Be Headed to Supreme Court

Don’t be surprised if the Federal Communications Commission and National Association of Broadcasters ask the US Supreme Court to weigh in on broadcast ownership deregulation. That comes after the full 3rd US Circuit Court of Appeals refused to hear the FCC’s appeal, supported by NAB as an intervenor, of a lower court decision to throw out most of FCC Chairman Ajit Pai's deregulation order. That order included eliminating the newspaper-broadcast and radio-TV cross-ownership rules.

If the FCC and Justice Department do not appeal, NAB would be unlikely to do so. Broadcasters could go it alone, but he said as far as he knew the court has never picked up a case sought by an intervenor supporting the government when the government itself didn’t seek the appeal. Chairman Pai said Nov 22 the FCC was considering its options but had made no decision. Given his view of the 3rd Circuit, and with deregulatory-minded former US Court of Appeals for the DC Circuit Judge Brett Kavanaugh now on the high court, Chairman Pai might like his chances.