Public Interest Groups Seek Stay of Ownership Recon Order

Public interest groups asked the 3rd U.S. Circuit Court of Appeals to stay the FCC’s rollback of broadcast ownership rules, block any deals that would be inconsistent with current broadcast ownership rules, and force the agency to comply with the Prometheus III decision. The request came in a petition for writ of mandamus filed by Prometheus Radio Project and Media Mobilizing Project Thursday. The same groups appealed the broadcast ownership reconsideration order last week (see 1801180045). They want the court to rule on the request by Feb. 7, the effective date of the recon order that would eliminate rules against cross-ownership and restricting duopolies. “If not stayed, the FCC’s most recent order will result in so much consolidation in local media markets and such dramatic impact on ownership diversity, so as to deny Citizen Petitioners adequate relief,” the filing says. The stay request castigates the FCC for failing to comply with all three 3rd Circuit Prometheus decisions, which required the FCC to establish a new definition of an eligible entity and to collect data on how ownership rules affect ownership diversity. The writ asks the court to stay implementation of the ownership recon order until “60 days after the adoption of a final, reviewable order adopting or rejecting an eligible entity definition that will advance ownership by minorities and women,” or until after the court has ruled on the groups’ appeals of the recon order and the 2014 quadrennial ownership review. The groups also asked the court to appoint a special master to supervise FCC compliance with the court’s previous Prometheus remands and oversee implementation of data collection plans. The FCC didn’t comment.