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.


Administrative Law, Federal Communications Commission, Scarcity Doctrine

Publication Date


Document Type


Place of Original Publication

Berkeley Technology Law Journal

Publication Information

Prometheus Radio Project v. FCC: The Persistence of Scarcity


20 Berkeley Technology Law Journal 743 (2005)


COinS Aaron K. Perzanowski Faculty Bio