Abstract
Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.
Keywords
Administrative Law, Federal Communications Commission, Scarcity Doctrine
Publication Date
2005
Document Type
Article
Place of Original Publication
Berkeley Technology Law Journal
Publication Information
Prometheus Radio Project v. FCC: The Persistence of Scarcity
Repository Citation
Perzanowski, Aaron K., "Prometheus Radio Project v. FCC: The Persistence of Scarcity" (2005). Faculty Publications. 615.
https://scholarlycommons.law.case.edu/faculty_publications/615
Comments
20 Berkeley Technology Law Journal 743 (2005)