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UCC Media Justice Update

Behind the Scenes in Fighting for Media Justice in Court

On June 11, 2019, the UCC's media justice ministry's policy advisor, Cheryl Leanza, argued in federal court against the Federal Communications Commission's new rules that permit significantly more consolidation in radio and television. Ms. Leanza, who is also counsel at the law firm Best, Best & Krieger, argued on behalf of UCC OC Inc. and the other public interest petitioners against the FCC in the U.S. Court of Appeals for the Third Circuit which sits in Philadelphia.  

The public interest organizations' core argument is that the FCC failed to consider whether its decision would harm ownership in broadcasting by women and people of color. The court appeared receptive.

In particular, the court was concerned that the FCC had de-linked the impact of consolidation from race and gender ownership diversity based on a flimsy historical analysis that, among other flaws, used racial minority ownership data but did not include data about women. The judges repeatedly pointed out that the FCC had no data on women.  One judge remarked, "Ten times zero is still zero," and "If we approve this, the headlines will read '3rd Circuit flunks statistics 101.'"

Another important point under debate was the effectiveness of two similarly named but slightly different definitions, called "eligible entities," which the FCC supposedly uses to increase ownership diversity. But the FCC conceded the first version of the definition won't help promote diversity--even after the same court had sent back the definition in the last two rounds of litigation. The second version of the term is part of a program to promote diverse radio ownership, but that program left no policy to promote diversity television ownership. And the data the FCC used to create that definition showed that at least 80 percent of the beneficiaries will not be women or people of color.

 
In addition to the main case about deregulation and race/gender ownership diversity, two other petitioners argued. The Minority and Media Telecommunications Council (MMTC) argued about flaws in the radio incubator program, and a group of television owners (Independent Television Group) asked the court to end the restriction on top-4 TV combinations. 
Listen to a recording of the oral argument. Cheryl’s argument starts around 18:40, and her rebuttal is around 1:14:20.
For more background on this case, read our previous blog posts:

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