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The Courts Businesses Government United States

Supreme Court Lets FCC Relax Limits On Media Ownership (nytimes.com) 34

An anonymous reader quotes a report from The New York Times: The Supreme Court unanimously ruled on Thursday that the Federal Communications Commission could relax rules limiting the number of newspapers, radio stations and television stations that a single entity may own in a given market. The decision is likely to prompt further consolidation among broadcast outlets, some of which say they need more freedom to address competition from internet and cable companies. Critics fear that media consolidation will limit the perspectives available to viewers.

The rules at issue in the case, initially adopted between 1964 and 1975, had been meant "to promote competition, localism and viewpoint diversity by ensuring that a small number of entities do not dominate a particular media market," Justice Brett M. Kavanaugh wrote for the court. But the rules, he added, were a relic of a different era -- "an early-cable and pre-internet age when media sources were more limited." "By the 1990s, however, the market for news and entertainment had changed dramatically," Justice Kavanaugh wrote. "Technological advances led to a massive increase in alternative media options, such as cable television and the internet. Those technological advances challenged the traditional dominance of daily print newspapers, local radio stations and local television stations."

The case, Federal Communications Commission v. Prometheus Radio Project, No. 19-1231, concerned three rules. One barred a single entity from owning a radio or television station and a daily print newspaper in the same market, the second limited the number of radio and television stations an entity can own in a single market, and the third restricted the number of local television stations an entity could own in the same market. In 2017, the commission concluded that the three rules no longer served their original purposes of promoting competition and the like. The vote was 3 to 2 along party lines, with the commission's Republican members in the majority.

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Supreme Court Lets FCC Relax Limits On Media Ownership

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  • Clarification (Score:5, Informative)

    by JBMcB ( 73720 ) on Thursday April 01, 2021 @05:09PM (#61226092)

    They were not deciding if media consolidation was OK. They were deciding if the FCC had the regulatory authority to make such a change. The court decided, unanimously, that they did.

    If they had decided otherwise, it would open up any such regulatory changes to lawsuits against the change. This includes further tightening media ownership rules, or changing rules on pollution, or regulations on corporate governance.

    https://reason.com/volokh/2021... [reason.com]

    • that's a distinction without a difference.
    • by Kisai ( 213879 )

      Doesn't matter, Media consolidation is a bad thing. While I don't see too much coming from this initially, it will likely lead to the extinction of all newspaper and tv stations in some markets, by having the "owner" shut down them down and leaving only internet IPTV and news websites as the only way to get any news, and none of it local.

      There's not really a solution here. Local news is effectively extinct in every market that isn't the capital city of the state. Even then, often local reporters working for

      • by ranton ( 36917 )

        There's not really a solution here. Local news is effectively extinct in every market that isn't the capital city of the state.

        First off the largest market in each state is often not the capital. In fact only 17 states have their largest city as the capital. While some others may be close enough to their largest city to be considered part of the same "market", it still isn't very common for a state capital to be the largest news market in a state.

        Secondly there are certainly potential solutions. I don't feel confident enough to advocate for any particular solution, but for instance Australia has recently forced tech companies to pa

  • by evanh ( 627108 ) on Thursday April 01, 2021 @05:20PM (#61226120)

    So, because there is more access methods now, they decided to throw away the rules instead of applying them more broadly to the new ways of access.

  • by DeplorableCodeMonkey ( 4828467 ) on Thursday April 01, 2021 @05:24PM (#61226140)

    Is they have should have gone for the throat and said FCC, SEC, FTC, FEC, etc. rule-making is unconstitutional per se because all legislative and pseudo-legislative activity must be enacted explicitly by only the Congress.

    It would have utterly horrified and enraged progressives and big corporation-loving republicans, but it would have been considered a judicial Gettysburg for the forces of populism on both sides because it would have gutted the power of the administrative state to render the people's assembly a vestigial organ.

    • by Frank Burly ( 4247955 ) on Thursday April 01, 2021 @07:24PM (#61226530)

      You obviously dislike what is being done with the delegated powers, but delegation goes back the beginning and is clearly Constitutional. You don't have to believe me, ask the First Congress:

      1. Congress readopted the Northwest Ordinance, which gave to the appointed governor of the Northwest Territory and three federal judges the power to issue the territory’s entire civil and criminal code “as may be necessary and best suited to the circumstances of the district,” with no other guidance whatsoever.
      2. To foster industrial innovation, Congress adopted a patent law giving the secretary of state, the secretary of war, and the attorney general the power to grant patents to new inventions whenever they “deem the invention or discovery sufficiently useful or important.”
      3. Congress forbade trade or intercourse with American Indian tribes without a license—and required all licensees to be “governed by such rules and regulations as the President shall prescribe.”

      https://www.theatlantic.com/id... [theatlantic.com]

      Of course times were different then, so maybe there is a "living Constitution" argument against delegation.

    • Comment removed based on user account deletion
    • If populists like it it's pretty much guaranteed it's a bad idea. The Supreme Court made the right move. After we finish crushing populism maybe we can go back to some semblance of normalcy and same government. Face it, today's problems are beyond the ability of the average Joe to comprehend.
  • sinclair broadcasting can use this to Force RSN's be added or that market can just lose ALL locals on any in market pay tv system.

  • By giving the FCC power to allow more, that also the FCC to reduce that number stations. Get the right people into the FCC and it can happen.
  • could relax rules limiting the number of newspapers, radio stations and television stations that a single entity may own in a given market.

    Relax??? If those rules were any more relaxed they'd be under the table/host. citation [nytimes.com]

  • JUST what we need!

    Then again, it makes it easier for a nefarious government to control the flow of information.
    To enforce the "right" viewpoint.

  • So newspeak for "monopolism".

    As if that wasn't the media mafia's mode of operation to begin with.

    Enjoy the same disadvantages of state-owned media, with none of the advantages!
    Basically the Internet Explorer of America's media world.

  • by takionya ( 7833802 ) on Friday April 02, 2021 @07:16AM (#61227688)
    Critics fear that media consolidation will limit the perspectives available to viewers.

    What do you mean .. ‘will .. it's already happened.

    These 6 corporations control 90% of the media outlets in America. The illusion of choice and objectivity [techstartups.com]
  • There were just so many choices anymore! All those different views to contend with, who could keep up?! Hopefully here soon we can just have 1, maybe 2 providers for the whole country. We could call them The Ministry of Love and The Ministry of Truth. They would never hurt us, they love is, right?

  • Most, if not all of the radio stations in my market are ultimately owned by 3 companies. They're all through subsidiaries that make it look like they're not....but ultimately...three companies control pretty much every radio station. They're all over-commercialized garbage where the minutes of not having advertising per hour is a LOT smaller than the minutes of advertisements per hour. Very little to no localized content. It feels like I'm not listening to local stations anymore.

    They're not losing out becau

  • We now have both kinds of integration: horizontal and vertical.

    Many "local" TV stations are actually owned by a few large companies: https://en.wikipedia.org/wiki/... [wikipedia.org]

    That is a sample of our "horizontal" integration.

    And many distributors now own the end-to-end production pipeline. That is the vertical part, which has become standard.

    Gone are the days where the studio, network, cable are separate entities. Now even the streaming service, and the internet providers are fully "vertically" integrated. Universal

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