Original Case
On August 22, 2003, the Prometheus Radio Project v. FCC case began in the United States Court of Appeals, Third Circuit as No. 03-3388. Fox Entertainment Group, Fox Television Stations, NBC, Telemundo Communications Group and Viacom all served as intervenors in the case.
Judges Anthony Joseph Scirica, Thomas L. Ambro and Julio M. Fuentes were present for the case, and commented that normally they would adhere strictly to Federal Rule of Appellate Procedure 18, that the petitioner move first before the agency that would stay its order, but in this case it seemed virtually certain that the FCC would not grant a stay in this matter. The court was composed of two judges, Ambro and Fuentes, appointed by Democratic President Bill Clinton, and one judge, Scirica, appointed by Republican President Ronald Reagan.
In court, Prometheus Radio Project requested a stay on the effective date of the FCC’s new ownership rules as outlined in the FCC’s 2003 Report and Order, and drafted in the 2002 Biennial Regulatory Review, pending judicial review. The alleged harms from great industry consolidation, were argued to be widespread and irreversible if they were allowed to occur, without harm to any parties if status quo was retained.
Extensive oral arguments were heard September 3, leading to the court’s decision.
Read more about this topic: Prometheus Radio Project V. FCC
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