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Appeals court denies stay in case challenging loosened media ownership rules

Despite an ongoing legal challenge, the Federal Communications Commission's 2017 decision to loosen its media ownership rules will not be delayed by a federal appeals court.

The U.S. Third Circuit Court of Appeals ruled Feb. 7 to deny a request for a judicial stay that would have temporarily prevented the FCC's new rules from going into effect. In November 2017, the commission revised its rules to make it easier for a broadcast station group to own multiple TV stations in a single market. In addition, the FCC also eliminated the newspaper/broadcast cross-ownership rule and the radio/television cross-ownership rule, which prohibited the cross ownership of different media outlets in the same market.

Prometheus Radio, a nonprofit advocacy and community organizing group, had requested a stay of the decision so that the relaxed media ownership rules would not go into effect before the group's larger legal challenge could be heard in court. But the Third Circuit Court said the request did not satisfy "the exacting standard for obtaining such relief." In order to receive such a stay, a petitioner must show a clear and indisputable abuse of discretion or error of law, a lack of an alternate avenue for adequate relief and a likelihood of irreparable injury.

Prometheus' larger legal challenge is set to be be heard later this year.