No. 19-1231

Federal Communications Commission, et al. v. Prometheus Radio Project, et al.

Lower Court: Third Circuit
Docketed: 2020-04-20
Status: Judgment Issued
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-law agency-deference arbitrary-and-capricious broadcast-media competition cross-ownership-restrictions fcc fcc-ownership-rules market-competition market-conditions regulatory-review telecommunications-act telecommunications-act-1996 telecommunications-act-of-1996 viewpoint-diversity
Key Terms:
AdministrativeLaw Environmental Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Related Cases: 19-1241 (Vide)
Question Presented (from Petition)

Whether the court of appeals erred in vacating as arbitrary and capricious the FCC orders under review, which, among other things, relaxed the agency's cross ownership restrictions to accommodate changed market conditions.

Question Presented (AI Summary)

Whether the court of appeals erred in vacating as arbitrary and capricious the FCC orders under review, which, among other things, relaxed the agency's cross-ownership restrictions to accommodate changed market conditions

Docket Entries

2021-05-03
JUDGMENT ISSUED.
2021-01-08
Reply of petitioner FCC, et al. filed. (Distributed)
Main DocumentProof of Service
2020-12-23
The record received from the U.S.C.A. 3rd Circuit, for case numbers 19-1231 & 19-1241 (Consolidated). The record has been filed electronically for both case numbers.
2020-12-08
CIRCULATED
2020-12-03
Record requested from the U.S.C.A. 3rd Circuit.
2020-11-17
Blanket Consent filed by Petitioner, National Association of Broadcasters
Blanket Consent
2020-11-16
Brief of petitioners FCC, et al. filed.
Main DocumentProof of Service
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-05
Reply of petitioners FCC, et al. filed.
Main DocumentProof of Service
2020-07-22
Waiver of right of Lane, Dennis Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.
Main Document
2020-07-20
Waiver of right of respondent Independent Television Group to respond filed.
Main Document
2020-05-13
Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents.
2020-05-12
Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.
Main Document
2020-05-06
Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020.
2020-05-05
Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.
Main Document
2020-04-17
Petition for a writ of certiorari filed. (Response due May 20, 2020)
PetitionProof of Service
2020-03-11
Application (19A879) granted by Justice Alito extending the time to file until April 18, 2020.
2020-03-09
Application (19A879) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.
Proof of ServiceWritten Request
2020-02-12
Application (19A879) granted by Justice Alito extending the time to file until March 19, 2020.
2020-02-07
Application (19A879) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito.
Main DocumentProof of Service

Attorneys

Americans for Prosperity Foundation
Michael David Pepson — Americans for Prosperity Foundation, Amicus
Benton Institute for Broadband & Society, National Hispanic Media Coalition, National Organization for Women Foundation, Media Alliance and Media Counsel Hawai’i.
Andrew Jay Schwartzman — Andrew Jay Schwartzman, Amicus
District of Columbia, et al.
Loren L. AliKhan — D.C. Office of the Attorney General, Amicus
FCC, et al.
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner
Former FCC Commissioners
Christopher J. Wright — Harris, Wiltshire & Grannis LLP, Amicus
Gray Television, Inc.
David Edward Mills — Suite 500, Amicus
Independent Television Group
Jack N. Goodman — Law Offices of Jack N Goodman, Respondent
Media Law and Policy Scholars
James Patrick Davy — All Rise Trial & Appellate, Amicus
Members of Congress
Brianne Jenna Gorod — Constitutional Accountability Center, Amicus
Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc.
Dennis Lane — Stinson LLP, Respondent
National Association of Broadcasters
Helgi C. Walker — Gibson, Dunn & Crutcher LLP, Petitioner
Phoenix Center for Advanced Legal & Economic Publc Policy Studies
Lawrence Jay Spiwak — Phoenix Center for Advanced Legal & Economic Public Policy Studies, Amicus
Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science
Catherine J.K. Sandoval — Santa Clara University School of Law, Amicus
Prometheus Radio Project; Media Mobilizing Project; Free Press; Office of Communication, Inc. of the United Church of Christ, et al.
Ruthanne Mary Deutsch — Deutsch Hunt, PLLC, Respondent
Public Citizen
Nandan Maheshchandra Joshi — Public Citizen Litigation Group, Amicus
Public Knowledge
Harold Feld — Public Knowledge, Amicus
Southeastern Legal Foundation
Tyler Green — Consovoy McCarthy PLLC, Amicus
Sue Wilson, Media Action Center
Richard D. Faulkner — Faulkner ADR Law, Amicus
TechFreedom
Corbin Knight Barthold — TechFreedom, Amicus
The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates
Mark J. Prak — Brooks, Pierce, McLendon, Humphrey and Leonard LLP, Amicus
The American Statistical Association
Ian Marc Herman — Wilson Elser Moskowitz Edelman & Dicker, LLP, Amicus
The Leadership Conference on Civil and Human Rights, the Leadership Education Fund, and 16 Other Public Interest Organizations
Elizabeth Rogers Brannen — Stris & Maher LLP, Amicus