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August 07, 2004

According to Radio & Records magazine, while there are no details yet on how the FCC will proceed now that the Philadelphia Third Circuit appeals court has upheld some of the commission's June 2003 radio-ownership rules, FCC spokesman David Fiske tells R&R that for all practical purposes, those rules — in limbo for over a year — are now in effect. "This decision upheld those rules," Fiske says, adding that the FCC will likely issue a public notice to clarify how it will handle the transition. Fiske also says that new forms reflecting the changes have already been approved for FCC use. The court today granted an FCC request seeking permission to adopt four of its key new radio-ownership rules. While the court back in June ordered the commission to review its numerical station-ownership limits, it upheld most of the other rules changes — including the new Arbitron-based market definitions — but stayed all the rules nonetheless. The FCC argued that the review of the station limits should have no effect on enactment of other new rules. NAB Director/Media Relations Jeffrey Yorke tells R&R the group's lawyers are reviewing the decision.

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