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Demand to remand: Reaction

FCC Chairman Michael Powell: "Today's decision perversely may make it dramatically more difficult for the Commission to protect against greater media consolidation. It sets near impossible standards for justifying bright-line ownership limits. The fear is realized in the opinion itself. The court rejected the Commission's effort to limit further radio consolidation. It also upheld the elimination of the newspaper cross-ownership rule, while rejecting our efforts to place reasonable limits on those combinations. This is deeply troubling and hampers the flexibility of the agency to protect the American public, as this agency is charged to do. This is the second time a court has put aside exhaustive efforts by the expert agency to set numerical limits. This has created a clouded and confused state of media law. The chaotic results demonstrate the wisdom of Chief Judge Scirica's nearly 100 page dissent, where he says that 'the Court has substituted its own policy judgment for that of the FCC and upset the ongoing review of broadcast media regulation mandated by Congress.'"

FCC Commissioner Michael Copps: "We have now heard from the American people, Congress, and the courts. The rush to media consolidation approved by the FCC last June was wrong as a matter of law and policy. The Commission has a second chance to do the right thing. We must immediately move forward and redesign our media policy. This time we must include the American people in the process instead of shutting them out. We must rediscover our respect for core values of localism, diversity, and competition. We must protect and work to expand the multiplicity of voices and choices that support our marketplace of ideas and that sustain American democracy and creativity." He called for independent cross-market studies on consolidation.

Media Access Project President/CEO Andrew Schwartzman (who argued in front of the Court): "We're doing high four and a halves. This is a big, big win for diversity. It looks like the court agreed with us that preserving democracy is more important than helping big companies grow bigger. It will take a few hours to sort it all out, but the Court has told the FCC to take its deregulatory thumb off the scale."

Rep. Maurice Hinchey (D-NY): "The court today affirmed what many of us have been saying for a long time. Chairman Powell's gift to media conglomerates was made without basis in legitimate research. He cannot show that the commission's decision was made in the public's best interest. On the contrary, it threatens the ability of the public to have its voice heard and to have access to other diverse voices."

Gene Kimmelman, Senior Public Policy Director, Consumers Union: "This is a complete repudiation of rules that would allow one or two media giants to dominate the most important sources of local news and information in almost every community in America."

Rep. Bernie Sanders (I-VT): "This is a major victory in preventing a handful of huge corporations from controlling what the American people see, hear and read. It also vindicates the millions of Americans from across the political spectrum who spoke out and contacted the FCC on this issue. The law unequivocally stands with the public values of localism, diversity, and competition in the media, and that's what the Court maintained."

For now, at least, the NAB is withholding judgment. "We are still reviewing this lengthy and complex decision, and will reserve comment until after our Board of Directors has a chance to meet and discuss all of the ramifications of the opinion," the National Association of Broadcasters said late yesterday.

More reaction - - and from what our inbox looks like already, we can safely say much more - - on Monday.


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