Only three weeks ago, we published an article on the FCC’s request for public comment to update the record in the 2018 proceeding looking at whether to change the 39% national cap on the ownership of television stations. That request for comments was published in the Federal Register yesterday, setting the deadline for comments. Comments are due August 4, 2025 and reply comments are to be filed by August 22. Although we published our look at the issues in this proceeding only a few weeks ago, we thought that we would republish it for those who may have missed it. Here is what we said on June 26:
Last week, the FCC released a Public Notice requesting comments to refresh the record compiled in 2018 in a proceeding that proposed to review the TV national ownership cap. That cap limits any company from having attributable interests in full-power TV stations that reach more than 39% of the nationwide TV audience. That 2018 proceeding was begun (with a late December 2017 Notice of Proposed Rulemaking) to assess whether the FCC should raise the cap, and also to explore whether it has the power to do so (see our article here). This week’s Public Notice, released by the FCC’s Media Bureau, not only seeks information about the questions raised in 2018, but it also poses a number of new issues reflecting the concerns of the current Commission.
The Public Notice is not seeking comment on the local broadcast ownership rules that govern how many TV (and radio) stations one owner can have in any market. Those issues are separately considered in the FCC’s Congressionally-mandated Quadrennial Reviews, where every four years the FCC must justify that the local ownership rules remain necessary in the public interest as a result of competition. The Commission should be considering the local rules this year, as it is in the fourth and final year of the Quadrennial Review cycle for 2022, and also possibly because of the results of the pending appeal of the 2018 Quadrennial Review (see our article here) – a decision in that appeal could be released at any time. The 39% national TV ownership cap was adopted by Congress and is not specifically subject to the Quadrennial review – hence the questions that were raised in the 2018 proceeding about the FCC’s authority to review these rules.Continue Reading Comment Dates Set on the FCC Request to Update the Record on the 39% National TV Ownership Cap