had used the DOJ standards to justify the television limits it imposed, it was deemed irrational to then ignore DOJ rules for radio limits. Finally, the Court agreed with the deregulation petitioners that the FCC failed to adequately support its decision to place AM/FM subcaps. While it makes sense that FM has technological advantages, it does not explain why there is a need for an AM sub-cap at all. The FCC did not respond to this criticism, and the court remanded it for amendment. V. Conclusion While the Court affirmed most of the FCC's new rules, several problems were highlighted and remanded due to the FCC's lack of justification, or irrationality behind certain rules. Most notably, the derivation of new Cross-Media limits based on the Diversity Index, and the modification of numerical limits on both local television and radio ownership suffered from the irrational assumption that media outlets of the same type make an equal contribution to diversity and competition, especially the internet. Dissent by Judge Scirica The dissenting voice of the court belonged to Judge Scirica. While he concurred with many of majority's rulings, he dissented with the decision to order a stay, vacate the regulations, and remand certain rules to the FCC. It was Scirica's opinion that the court upended the way that judiciary reviews agency rule making, as it was his belief that principles of deference be accorded to agency decision-making. He preferred to allow the FCC's media ownership rules to go into effect, as it is not the Court's role to second guess an agency acting within its delegated authority, and substitute its own policy judgment. He preferred to allow the commission the opportunity to monitor and evaluate its policies so that they can adjust them, and assign accountability to rest with the FCC. I. Diversity index and cross-media limits Judge Scirica quotes the earlier FCC v NCCB case in which the Supreme Court ruled that "diversity and its effects are… elusive concepts, not easily defined let alone measured without making qualitative judgments". He also points out that he sides with FCC in that the Diversity Index is not the final rule, nor sole consideration, and as such should be given deference unless specifically shown to be unreasonable. Therefore, any problems with the Diversity Index were insufficient to prevent the FCC rules from taking effect. II. Weight assigned to internet Judge Scirica notes the incredible challenges