On April 14, 2009, the Third Circuit Court of Appeals granted a motion to delay its ruling in a case challenging the legality of the FCC's revised media cross-ownership rules. The move came as the FCC reversed its earlier position and said it would no longer oppose a petition by public interest groups to hold the case in abeyance pending new FCC leadership. Although his predecessor had filed a petition opposing the groups, FCC Acting Chairman Michael Copps said that the opposition "no longer reflects the view of the majority of the commission." The court case relates to the FCC's 2008 revisions to its rules to permit a single entity to own both a TV or radio station and newspaper in one of the nation's top 20 markets if certain criteria are met.

In addition, the court ordered the parties to show cause as to why the stay the Third Circuit entered in 2003 in the proceeding should not be lifted.