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.
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Perzanowski, Aaron. "Prometheus Radio Project V. FCC: The Persistence of Scarcity." Berkeley Technology Law Journal 20, no. 1 (2005): 743-764. (Work published when author not on Michigan Law faculty.)
This note was first published by the Regents of the University of California in the Berkeley Technology Law Journal's Annual Review of Law and Technology. Work published when author not on University of Michigan Faculty. © 2005 Aaron Perzanowski The author hereby permits the reproduction of this Note subject to the Creative Commons Attribution-ShareAlike 2.0 License, the full terms of which can be accessed at http://creativecommons.orgllicenses/by-sa/2.0/legalcode, and provided that the following notice be preserved: "This note was first published by the Regents of the University of California in the Berkeley Technology Law Journal's Annual Review of Law and Technology."