WASHINGTON, D.C.—A Virginia radio station owner is protesting the way the FCC defines radio markets for purposes of limiting ownership within that market. But Womble Carlyle Telecom attorney John Garziglia says in a new Radio Ink article this attempt isn’t likely to be met with much success.

“But, with all of the commotion that may be about to arise over the FCC’s imminent broadcast station ownership rules actions or non-actions, it is almost assured that none of the ruckus will be directed at the issue of the Commission’s radio market definitions. Indeed, the use of Arbitron (now Nielsen) markets as the basis for counting the number of stations was vigorously challenged in the 2004 U.S. Court of Appeals decision known as Prometheus I. The court stated in Prometheus I that the “Commission’s decision to replace contour-overlap methodology with Arbitron Metro markets was ‘in the public interest’ [and] a rational exercise of rulemaking authority,” Garziglia writes. “Mr. Burns’ letter, while provocative for Nielsen non-subscribers, says nothing that is likely to persuade the FCC to reopen the very settled FCC radio market definition issue.”

Click here to read “Sorry, Mr. Burns: Nielsen’s TLR Has Nothing To Do With FCC Market Definitions” in Radio Ink.

John Garziglia represents radio and television broadcasters, offering personalized assistance in all areas of communications and telecommunications law including transactional and contract negotiations for broadcast station mergers and acquisitions, the securing of financing, governmental auctions of new frequencies, license renewals, new stations applications, facility changes, facility upgrades, licensing, and compliance with FCC rules, regulations and policies.

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Follow John Garziglia on Twitter at @JohnGarziglia.