UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Nos. 03-3388, 03-3577, 03-3578, 03-3579, 03-3580, 03-3581, 03-3582, 03-3651,

03-3665, 03-3675, 03-3708, 03-3894, 03-3950, 03-3951, 03-4072, 03-4073 & 04-1956

PROMETHEUS RADIO PROJECT

vs.

FEDERAL COMMUNICATIONS COMMISSION;

UNITED STATES OF AMERICA

Prometheus Radio Project, Petitioner in No. 03-3388

Media General, Inc., Petitioner in No. 03-3577

National Association of Broadcasters, Petitioner in No. 03-3578

The Network Affiliated Stations Alliance, The ABC Television Affiliates Association, 

The CBS Television Affiliates Association and NBC Television Affiliates,

Petitioners in No. 03-3579

Fox Entertainment Group, Inc. and Fox Television Stations, Inc.,

Petitioners in No. 03-3580

Viacom Inc., Petitioner in No. 03-3581

National Broadcasting Company, Inc., and Telemundo Communications Group, Inc., 

Petitioners in No. 03-3582

Sinclair Broadcast Group, Inc., Petitioner in No. 03-3651

Media Alliance, Petitioner in No. 03-3665

Paxson Communications Corporation, Petitioner in No. 03-3675

National Council of the Churches of Christ in the United States, Petitioner in No. 03-3708

Tribune Company, Petitioner in No. 03-3894

Paxson Communications Corporation, Petitioner in No. 03-3950

Emmis Communications Corporation, Petitioner in No. 03-3951

Center for Digital Democracy and Fairness and Accuracy in Reporting,

Petitioners in No. 03-4072

Clear Channel Communications, Petitioner in No. 03-4073

American Hispanic Owned Radio Association, Civil Rights Forum on Communications 

Policy, League of United Latin American Citizens, Minority Business Enterprise Legal 

Defense and Education Fund, Minority Media and Telecommunications Council, 

National Asian American Telecommunications Association, National Association of 

Latino Independent Producers, National Coalition of Hispanic Organizations, National 

Council of La Raza, National Hispanic Media Coalition, National Indian 

Telecommunications Institute, National Urban League, Native American Public 

Telecommunications, Inc., PRLDEF-Institute for Puerto Rican Policy, UNITY: 
2

Journalists of Color, Inc. and Women’s Institute for Freedom of the Press, Petitioners in 

No. 04-1956

_________________

On Petition for Review of an Order of

The Federal Communications Commission

(FCC No. 03-127)

_________________

Argued February 11, 2004

Before: SCIRICA, AMBRO and FUENTES, Circuit Judges

(Opinion filed June 24, 2004)

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the published Opinion in the above case filed June 

24, 2004, be amended as follows:

On page 12, under outline section E, point 2, subsections “a” and “b,” replace both 

of the words “justified” with “justify”

On page 117, on the first line, within subtitle “a,” replace the word “justified” with 

“justify”

On page 118, fifth line down, within subtitle “b,” replace the word “justified” with 

“justify”

On page 118, ninth line down, replace the word “justified” with “justify” so that 

the phrase reads “the Commission did not sufficiently justify that five equal-sized . . .”

By the Court,

s/ Thomas L. Ambro, Circuit Judge

Dated: June 3, 2016

tmm/cc: all counsel of record