February 28, 2002

Appeals Court Orders FCC to Revisit Broadcast Limit. The current cap says no broadcast company can reach more than 35% of the country; Viacom and Fox are already in violation.

The three judges -- in a decision written by Chief Judge Douglas Ginsburg -- said the FCC had not put forth a "single valid reason" why the ownership cap is needed to protect competition or boost diversity. But the court refused to scrap the cap because "we cannot say it is unlikely the Commission will be able to justify a future decision to retain the rule."