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Friday, April 2, 2021
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TALKERS Magazine --- Talk Radio Magazine TALKERS Magazine --- Talk Radio Magazine
For Immediate Release:
Dateline: Springfield, MA
Friday, April 2, 2021

 
| April 2, 2021

Supreme Court Unanimously Overturns 3rd Circuit Court’s Vacating of FCC’s Ownership Regulations. As most media watchers are aware, in 2017 – after what many radio operators say was a long time coming – the FCC concluded that three of its ownership rules no longer served the public interest and it repealed the Newspaper/Broadcast Cross-Ownership Rule and the Radio/Television Cross-Ownership Rule and it modified the Local Television Ownership Rule. Shortly thereafter, a collection of public interest and advocacy groups known as the Prometheus Radio Project appealed the FCC’s ruling to the Third Circuit Court of Appeals which vacated the FCC’s reconsideration order holding that the record did not support the agency’s conclusion that the rule changes would have minimal effect on minority and female ownership. The FCC petitioned the Supreme Court to hear the case and yesterday (4/1), it ruled that the FCC’s rule change was not “arbitrary and capricious under the Administrative Procedure Act (APA).” The unanimous ruling from the Supreme Court said, in part, “In challenging the FCC’s order, Prometheus argues that the Commission’s assessment of the likely impact of the rule changes on minority and female ownership rested on flawed data. But the FCC acknowledged the gaps in the data sets it relied on, and noted that, despite its repeated requests for additional data, it had received no countervailing evidence suggesting that changing the three ownership rules was likely to harm minority and female ownership. Prometheus also asserts that the FCC ignored two studies submitted by a commenter that purported to show that past relaxations of the ownership rules had led to decreases in minority and female ownership levels. But the record demonstrates that the FCC considered those studies and simply interpreted them differently. In assessing the effects of the rule changes on minority and female ownership, the FCC did not have perfect empirical or statistical data. But that is not unusual in day-to-day agency decision making within the Executive Branch. The APA imposes no general obligation on agencies to conduct or commission their own empirical or statistical studies. And nothing in the Telecommunications Act requires the FCC to conduct such studies before exercising its discretion under Section 202(h). In light of the sparse record on minority and female ownership and the FCC’s findings with respect to competition, localism, and viewpoint diversity, the Court cannot say that the agency’s decision to repeal or modify the ownership rules fell outside the zone of reasonable- ness for purposes of the APA.”

The NAB Comments on the Supreme Court’s Ruling. The National Association of Broadcasters issued the following statement on the Supreme Court’s overturning the 3rd Circuit Court’s vacating the FCC’s ownership rule changes. NAB president and CEO Gordon Smith says, “NAB commends today’s unanimous decision by the Supreme Court that the FCC’s recent and long-overdue modernization of its broadcast ownership regulations was lawful and appropriate. It is critical that the Commission continue to examine its media ownership rules to ensure that America’s broadcasters are able to compete and meet the needs of local communities across the nation in today’s media landscape. We look forward to working with the Commission on this effort given the essential role radio and television broadcasters play for all Americans.”

Buffalo Association of Black Journalists Meets with Cumulus Buffalo in Aftermath of Rob Lederman Firing. According to a report by WKBW-TV, Buffalo, the Buffalo Association of Black Journalists has met with local management of Cumulus Media’s WGRF-FM “97 Rock” in the aftermath of the firing of morning host Rob Lederman and the suspension of morning show cast members Rich Gaenzler and Chris Klein. Cumulus took the punitive actions after the three engaged in a bit about color of famous black women’s skin. BABJ issued a statement noting that Cumulus has implemented steps to “accelerate diversity training in Buffalo” and has scheduled meetings with members of Buffalo’s Black community. The statement also says BABJ is pleased with the “progress being made at ‘97 Rock’ and Cumulus Media” and is advocating for increased diversity at the cluster.

COVID-19, Vaccines, Variants and Origins Tie for Top News/Talk Story This Week. The combination of COVID-19 stats, vaccines, concerns about variants, and questions about the origin of the coronavirus made up the most-talked-about story news/talk radio for the week of March 29 – April 2. At #2 this week was the Derek Chauvin trial tied with race relations, and police reform. Following at #3 was the Joe Biden infrastructure stimulus initiative and the related U.S. economy. The Talkers TenTM is a weekly chart of the top stories and people discussed on news/talk radio during the week and is the result of ongoing research from TALKERS magazine. It is published every Friday at Talkers.com. See this week’s complete chart here.

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Category: Front Page News, Industry News

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