FCC Hasn't Decided on Prometheus Appeal to Supreme Court, Pai Says
The FCC hasn't made a decision about how to proceed after a full panel of the 3rd U.S. Circuit Court of Appeals rejected hearing the agency's en banc appeal of the Prometheus IV decision (see 1911200063), said Chairman Ajit Pai…
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Q&A with us in a post-meeting news conference Friday. Pai said the agency is studying the 3rd Circuit's recent decision, a one-paragraph order saying a majority of judges in the circuit didn't vote for rehearing. Both Republican commissioners told us they supported the FCC moving ahead with an appeal to the Supreme Court. “The reforms we put in place are worth defending,” said Commissioner Brendan Carr. Commissioner Mike O'Rielly said he would back pulling proposals -- such as radio subcap deregulation -- from the 2018 broadcast ownership quadrennial review and moving ahead with them separately, if it wouldn't interfere with a high court appeal and were approved by the Office of General Counsel. Broadcasters made such a proposal Thursday (see 1911210065). Carr -- a former FCC general counsel -- also said he would need to see the OGC's opinion of such a plan. He said generally that the situation doesn't hold the agency “at full stop” on media ownership revision. Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks condemned continued appeals. The FCC needs to “get to work” and address the issues raised by the 3rd Circuit, Rosenworcel said. Starks said he's “gobsmacked” that the court has had to tell the agency four times to collect data on diversity impacts. Later Friday, the Media Bureau approved a transaction that was changed to account for the court ruling (see 1911220069).