"Although courts owe deference to agencies, we also recognize that, '[a]t some point, we must lean forward from the bench to let an agency know, in no uncertain terms, that enough is enough,'" Judge Ambro wrote. "For the Commission's stalled efforts to promote diversity in the broadcast industry, that time has come." The court said the FCC's delay in meeting its obligation was unreasonable. The court didn't guide the agency's decision, only stating that the rulemaking "must be completed."
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