FCC Initiates Quadrennial
Ownership Rules Review

Comments Due July 12, 2010

Reply Comments Due July 26, 2010

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The FCC recently issued a Notice of Inquiry (“NOI”) launching the 2010 quadrennial review of its broadcast ownership rules.  Comments in response to the issues raised in the NOI are due July 12, 2010 and reply comments are due July 26, 2010.  A copy of the full NOI can be found here.

The NOI is the first step of a comprehensive review of the ownership rules that the FCC is statutorily required to conduct every four years.  The rules subject to review are: (i) the local TV ownership rule; (ii) the local radio ownership rule; (iii) the newspaper/broadcast cross-ownership rule; (iv) the radio/TV cross-ownership rule; and (v) the dual network rule.  The NOI invites comment on a wide range of issues regarding these rules, each designed to help determine whether those rules serve the public interest and promote the FCC’s policy goals of competition, localism and diversity.

Although the NOI does not propose any specific changes (such proposals are expected to be made in upcoming Notices of Proposed Rulemakings), it does recognize a number of factors that may affect the ownership rules, including increased competition for audience members from the internet, mobile devices, cable and direct broadcast satellite.  The NOI also acknowledges the national economic downturn and seeks comments on what impact the marketplace and technological changes should have on broadcast ownership rules.

The NOI seeks specific comments on the effect new technologies should have on the FCC’s ownership rules.  First, the FCC recognizes that its cross-ownership and local television ownership rules are based in part on analog broadcast television contours.  However, as full power television stations have now transitioned to digital broadcasting, those analog contours no longer exist and there are no analogous digital contours.  As a result, the FCC requests comments on whether it should continue to use television contours as part of the broadcast ownership rules and, if so, what contour should be used.

Second, the NOI seeks comments on what aspects of the National Broadband Plan, if any, are relevant to the FCC’s media ownership rules and whether the fact that consumers are increasingly obtaining their news and other programming through mobile devices should impact the ownership rules.

If you have questions regarding the FCC’s ownership rules proceeding or are interested in filing comments, please contact your primary attorney in our office.



June 15, 2010 

 

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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice.

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