*PROMETHEUS RADIO PROJECT
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America.
Howard Stirk Holdings, LLC, Petitioner in No. 15-3863.
Nexstar Broadcasting, Inc., Petitioner in No. 15-3864.
National Association of Broadcasters, Petitioner in No. 15-3865.
Prometheus Radio Project, Petitioner in No. 15-3866.
*(Amended per Clerk Order of March 14, 2016).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 19, 2016.
(Opinion filed May 25, 2016).
Attorney(s) appearing for the Case
Colby M. May, Esquire , 201 Maryland Avenue, N.E., Washington, DC 20002, Counsel for Petitioner, Howard Stirk Holdings, LLC
Kim M. Keenan, Esquire , David Honig, Esquire , Minority Media & Telecommunications Council, 3636 16th Street, N.W., B-366, Washington, DC 20010, Counsel for Intervenor Petitioner, Multicultural Media, Telecom and Internet Council
Patrick F. Philbin, Esquire (Argued), Kirkland & Ellis, 655 15th Street, N.W., Suite 1200, Washington, DC 20005, Counsel for Petitioner/Intervenor Respondent, Nexstar Broadcasting, Inc.
Angela J. Campbell, Esquire (Argued), Eric G. Null, Esquire , Andrew J. Schwartzman, Esquire , Drew T. Simshaw, Esquire , Institute for Public Representation, Georgetown University Law Center, 600 New Jersey Avenue, N.W., Washington, DC 20001, Counsel for Petitioner/Intervenor Respondent, Prometheus Radio Project, Other Intervenor Respondents Benton Foundation; Common Cause; Media Alliance; Media Council Hawaii; National Organization for, Women Foundation; Office of Communication, Inc., of, the United Church of Christ; National Association of, Broadcast Employees and Technicians-Communications, Workers of America
Before: AMBRO, FUENTES and SCIRICA, Circuit Judges
OPINION OF THE COURT
AMBRO, Circuit Judge
TABLE OF CONTENTS
I. Background...37
II. Jurisdiction and Standard of Review...39
A. Delayed agency action...39
B. Final agency action...40
III. The Eligible Entity Definition...40
A. The FCC's objectives...40
B. Prometheus I<...
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