Peanuts and Potatoes: The FCC\u27s Diversification Policy and the Antitrust Laws

The FCC has regulated the ownership structure of the broadcasting industry in order to protect the public\u27s interest in the free dissemination of diverse ideas. Citing the competition offered by new communications technologies, the FCC recently raised significantly the limits on group ownership of radio and television stations. This note argues that the premise behind ownership deregulation-that free market forces and the antitrust laws are sufficient guardians against excessive concentration-is flawed when considered in light of the first amendment underpinnings of the FCC\u27s diversification policy. The author concludes that, while some deregulation may be necessary at this time, the FCC must manage new technologies in order to promote affirmatively a truly diverse communications industry structure