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.)