FCC's 2022 Quadrennial Review to Be Guided by Court Decision Eliminating Certain Ownership Regulations, According to Carr
The Federal Communications Commission (FCC) is currently conducting its 2022 Quadrennial Review of broadcast ownership regulation, a process that has been significantly influenced by a recent ruling from the 8th U.S. Circuit Court of Appeals.
In July 2022, the court unanimously vacated and remanded the FCC's Top Four Prohibition and Note 11 Amendment from the 2018 Quadrennial Review. This decision effectively removed one of the three key ownership restrictions on television station groups, as it invalidated the rules against a station group owning more than one of the top four TV stations in a market, and using multicast or low-power stations to bypass ownership limits.
FCC Chair Brendan Carr applauded the ruling shortly after its release, stating that it clarifies Congress’s deregulatory intent for these reviews and eliminates a major ownership restriction. Carr expressed the agency's intention to move forward with the 2022 Review bearing this court decision in mind, potentially easing ownership limits as momentum builds within the FCC toward deregulation.
During a press conference held after the July Open Meeting on July 24, 2022, Carr made additional remarks on the ruling's impact, emphasising that it makes clear the deregulatory intent that Congress had when setting the FCC on the path of Quadrennial reviews.
The ruling has accelerated discussions and advocacy efforts by broadcasters and industry groups aiming to modernise and relax local ownership rules. Carr believes that there are significant aspects coming out of the decision, and the FCC needs to move forward with the 2022 Quadrennial Review, taking the new decision into account.
The 8th U.S. Circuit Court of Appeals ruling eliminates one of the three rules left on the TV side, potentially leading to more permissive ownership rules in the upcoming Quadrennial Review. The FCC's rules against a station group owning more than one of the top-four TV stations in audience share in a given market have been vacated by the court.
There is debate on whether a Public Notice issued for the 2022 Quadrennial Review officially launched it or not. However, the impact of the 8th Circuit Court's ruling on the FCC's review is undeniable, and it is expected to shape the direction of broadcast ownership policies in the coming months.
[1] FCC.gov: 8th Circuit Court of Appeals Ruling on 2018 Quadrennial Review
[2] FCC.gov: FCC Chair Brendan Carr's Statement on 8th Circuit Court of Appeals Ruling
[3] Broadcasting & Cable: 8th Circuit Ruling Opens Door to Further Broadcast Ownership Consolidation
- The 8th U.S. Circuit Court of Appeals ruling has eliminated one of the three key ownership restrictions on television station groups, as it invalidated the rules against a station group owning more than one of the top four TV stations in a market.
- FCC Chair Brendan Carr applauded the ruling, stating that it clarifies Congress’s deregulatory intent for these reviews and eliminates a major ownership restriction.
- Carr expressed the agency's intention to move forward with the 2022 Review bearing this court decision in mind, potentially easing ownership limits as momentum builds within the FCC toward deregulation.
- Broadcasters and industry groups are currently engaged in discussions and advocacy efforts to modernize and relax local ownership rules, aiming to capitalize on the implications of the 8th U.S. Circuit Court of Appeals ruling.
