The Federal Communications Commission is unsure where to step next in the
legal battle over the 35 percent TV-ownership cap.
Friday, the Federal Appeals Court in Washington, D.C., granted the agency's
request for another two weeks (until April 19) to decide whether to seek a
rehearing before the panel's entire lineup.
In February, a three-judge panel of the court ruled that the FCC must either
better justify or eliminate the 35 percent cap and criticized the agency for not
complying with a congressional order to review all of its rules every two
Then last week, the same court raised questions about the FCC's duopoly rule.
The ruling in the duopoly case relied significantly on the reasoning of the cap
The commission can appeal that decision to the Supreme Court, but so far, the
Department of Justice, which would argue an FCC appeal, hasn't weighed in.
Petitions for Supreme Court review are due May 20. If the FCC doesn't seek
review, the Media Access Project and other advocates said they