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Public Interest Groups Appeal Quadrennial Review Order in 3rd Circuit

Two public interest groups filed a petition for review of the FCC's 2014 quadrennial review order in the 3rd Circuit U.S. Court of Appeals, as expected (see 1608250063). The FCC's order “once again fails to satisfy this Court’s remands in…

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either Prometheus II or III,” said the petition from Prometheus Radio Project and Media Mobilizing Project, referring to Prometheus' prior successful challenges of the FCC's quadrennial reviews. The FCC order reinstated the revenue-based definition of an eligible entity “without obtaining any additional information or improving its data collection,” as it had been instructed to do by the 3rd Circuit, the petitioners said. Prometheus also asked the court to review “the Commission’s decision to modify certain of its broadcast ownership rules so as to permit increased concentration of ownership,” and the FCC's “failure to require that so-called Shared Services Agreements be treated as 'attributable' interest,” the petition said. The quadrennial review required SSAs to be reported, but didn't attribute them. A similar appeal of the quadrennial review is expected from broadcasters, industry officials said. That appeal will likely be filed in the Court of Appeals for the D.C Circuit, and a lottery for the venue will likely take place, broadcast and public interest officials said.