Mass Media Notes

A pause in court consideration of an appeal of media ownership rules was lifted Tuesday by the 3rd U.S. Court of Appeals in Philadelphia, a move cheered by an FCC member who didn’t support a stay earlier backed by the commission (CD April 6 p8). With its stay lifted in Prometheus Radio Project v. FCC, briefs from appellants are due May 17, said an order signed by Chief Judge Anthony Scirica. Respondent briefs are due 30 days after they've received those from petitioners and replies must be served in another 14 days, he said. Commissioner Robert McDowell believes “the lifting of the stay on the Commission’s very modest relaxation of the newspaper/broadcast cross-ownership rule is particularly appropriate given the economic upheaval affecting the ongoing viability of many daily newspapers and broadcast stations,” he said in a written statement. “I also believe that the Commission can only benefit from instruction of a Third Circuit ruling on the 2007 ownership rules as we begin the next round of the statutorily required quadrennial review of the regulations.” The FCC declined to comment, a spokesman said. Representatives for the FCC didn’t reply to messages seeking comment. “Although I think lifting the stay is unwarranted and unfortunate, it is understandable that the court would lose patience, given the FCC’s dilatory approach towards this proceeding,” said Media Access Project President Andrew Schwartzman, representing Prometheus.