NAB: DC Circuit Will Hear JSA Challenge

According to the National Association of Broadcasters, the US Court of Appeals for the DC Circuit has been chosen to hear both its and Prometheus' challenges to the Federal Communications Commission's media ownership rule review vote.

NAB had filed suit in that circuit, while Prometheus chose the Third Circuit, which remanded the original rules back to the FCC. In that case, there is a lottery to see which court gets the case (held by the US Judicial Panel on Multidistrict Ligitation). And DC won, as did NAB, which prefers that venue.

NAB is challenging the FCC's decision to make joint sales agreements of over 15% attributable as ownership interests, saying the decision was arbitrary and capricious. Prometheus says that decision was arbitrary and capricious, too, but because the FCC did not explain why 15% was the magic number, and because it did nothing to rein in other sharing arrangements.

The challenges extend beyond JSA's and sharing agreements to broader ownership issues, including the FCC's decision not to loosen the newspaper/broadcast crossownership ban.