Prometheus Radio Project v. FCC: The Persistence of Scarcity

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\u27s 2003 rule changes and the Third Circuit\u27s analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC\u27s 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