Appeals Court hints it won't challenge 39% TV ownership cap

LOL.... while Viacom is grilled over Boobiegate.

WASHINGTON -- A US Appeals Court indicated it won't challenge Congress's new limit on the number of television stations that networks such as Viacom Inc.'s CBS may own, leaving intact a 39 percent cap on viewers reached.

President Bush last month signed legislation pushed by Republican lawmakers that eases restrictions on networks' ownership of TV stations. The current 35 percent federal cap would have forced CBS and News Corp.'s Fox network to sell some stations.

The 3rd US Circuit Court of Appeals in Philadelphia omitted consideration of the TV station limit from today's oral arguments that challenge the Federal Communications Commission's other new media ownership rules, according to a copy of the court schedule on its website.

"By backing off consideration of this issue, the court leaves intact the 39 percent standard set by Congress," said Paul Gallant, an analyst with Schwab Capital Groups in Washington who last year was a senior aide to FCC chairman Michael Powell.

http://www.boston.com/business/globe/articles/2004/02/11/appeals_court_hints_it_wont_challenge_39_tv_ownership_cap/