Partner Steven A. Augustino was quoted in the Inside Counsel
article, "FCC Rule Relaxing Media Ownership Limits Tossed." The article discusses how the third circuit Prometheus II decision allays fears about media consolidation. The FCC's 2008 Media Ownership Order set aside an all-out ban on newspaper/broadcast cross-ownership, instead adopting a test to consider merger proposals on a case-by-case basis. The 3rd Circuit's opinion didn't address the merits of the FCC's 2008 newspaper/broadcast ownership rule, but it did uphold the constitutionality of media ownership limits.
"The FCC should be pleased because this could have had a much broader impact on the pending media ownership proceeding," said Mr. Augustino. "The opinion leaves the FCC wide discretion to complete the current review however it wants, which is significant because the commissioners are more concerned with media consolidation than the last commission."
"That was significant," Augustino continued. "It increases the chance that the 3rd Circuit is going to review all the media rules that come out of the proceeding."