Late Friday, the FCC issued an Order reinstating the FCC’s 2016 ownership rules, recognizing that the changes made in those rules in 2017 (see our post here) were no longer effective because the Third Circuit Court of Appeals had thrown out the 2017 decision. See our post here on the Third Circuit decision and our article here on the court’s denial of rehearing en banc. While the FCC may still try to appeal the Third Circuit decision to the Supreme Court, the Third Circuit’s mandate has issued, meaning that its order is effective even if a Supreme Court appeal is filed.
Among the rule changes that have been rendered a nullity are the abolition of the broadcast-newspaper cross-ownership rule (once again reinforcing what we have written several times, that the rule may well outlive the daily newspaper) and the radio-television cross-ownership rule, the local TV ownership rule that had allowed combinations of two TV stations in the same market even if there were not 8 independent voices in the market after the combination, and changes to the FCC’s processing policy with respect to radio embedded markets. These changes required the FCC to also issue two Public Notices dealing with these changes.