IMO, the FCC deserves this sort of pushback. In spades.
As true as it might be, that there are plenty of Internet-based alternatives
for news and POV sources, the FCC is clearly always stacking the deck in favor
of the special interests. So for example, the Internet-based alternatives,
plenty as they might be, CANNOT BE RELIED UPON, if the FCC unabashedly allows
ISPs to block whatever sites they please. And states this explicitly.
It keeps coming back to that. "The digital age" they keep talking about is only
as good as a scrupulously neutral telecom service.
"UPDATE: The NAB is joining the FCC in filing a petition seeking a full court
hearing from the third circuit. The NAB had backed the FCC's deregulatory
efforts, and says that the three-judge panel was wrong to reject the
commission's proposed rules."
Yes, but that's hardly an endorsement for the FCC position. It's only an
indication that the FCC is in bed with the special interests. You can't only
and consistently regulate in favor of the special interests, without appearing
to be utterly corrupt.
Bert
------------------------------------------------------
https://www.tvtechnology.com/news/fcc-challenges-courts-broadcast-dereg-smackdown
FCC Challenges Court's Broadcast Dereg Smackdown
Said panel got it wrong and full court needs to step in.
John Eggerton Updated:Nov 7, 2019 Original:Nov 7, 2019
WASHINGTON-The FCC is seeking full-court review of a three-judge panel decision
vacating its broadcast media ownership deregulation decision.
The commission filed a petition for review Thursday (Nov. 7), arguing that the
three-judge panel decision of appeals court imposed burdens beyond those
allowed in the Administrative Procedures Act, second-guessed the FCC to the
point that it undermined congressional intent and breaks with higher-court and
sister-court precedents.
In September, that panel of the U.S. Court of Appeals for the Third Circuit
vacated most of the FCC's deregulatory order, saying the agency "did not
adequately consider the effect its sweeping rule changes will have on ownership
of broadcast media by women and racial minorities."
The court was hearing an appeal by Prometheus et al. of the FCC's fall 2017
decision under chairman Ajit Pai to eliminate the newspaper-broadcast and the
radio-TV cross-ownership rules; allow dual station ownership in markets with
fewer than eight independent voices after that duopoly created an opportunity
for ownership of two of the top four stations in a market on a case-by-case
basis (the FCC was not calling it a waiver); eliminate attribution of joint
sales agreements as ownership; and created a diversity incubator program. The
FCC also said it created some diversity mechanisms to address the court's
long-standing concern.
Pai signaled back in September that the FCC would challenge the decision and
made it clear what he thought of the court's persistent remands of FCC
deregulatory decisions.
"For more than 20 years, Congress has instructed the Federal Communications
Commission to review its media ownership regulations and revise or repeal those
rules that are no longer necessary," said Pai at the time. "But for the last 15
years, a majority of the same Third Circuit panel has taken that authority for
themselves, blocking any attempt to modernize these regulations to match the
obvious realities of the modern media marketplace. It's become quite clear that
there is no evidence or reasoning-newspapers going out of business, broadcast
radio struggling, broadcast TV facing stiffer competition than ever-that will
persuade them to change their minds. We intend to seek further review of
today's decision..."
An FCC spokesperson was echoing that Thursday (Nov. 7), saying "Over the last
15 years, while the media marketplace has changed dramatically, the same Third
Circuit panel has repeatedly prevented the FCC from modernizing its ownership
rules, including the newspaper-broadcast cross-ownership rule that dates back
to 1975. We hope that the full Third Circuit will agree to hear this case and
finally allow the FCC to update these rules for the digital age."
UPDATE: The NAB is joining the FCC in filing a petition seeking a full court
hearing from the third circuit. The NAB had backed the FCC's deregulatory
efforts, and says that the three-judge panel was wrong to reject the
commission's proposed rules.
This story was originally published on TVT's sister publication B&C.
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