FCC to Refresh the Record on National TV Multiple Ownership Rule

The Federal Communications Commission is reopening its review of the National Television Multiple Ownership Rule, which limits the reach of broadcast television owners to 39% of U.S. audience households. The FCC wants to “refresh the record” and is asking for new public comments.

In 2017, the FCC initiated a review to consider whether to modify, eliminate, or retain the 39% audience reach cap, and whether to continue giving Ultra High Frequency (UHF) stations a 50% discount when calculating compliance with the cap. The comment period for that review closed seven years ago and the proceeding has been dormant since then.

The FCC is now opening a new comment window to consider new and additional information. Specifically, the FCC is seeking comments on:

• Materials filed since the original comment period ended in April 2018.
• Developments in relationships between national broadcast networks and local affiliates.
• Industry developments affecting networks, local affiliates, and other participants.
• How expanding the ownership cap could help broadcast television remain competitive or how retaining the cap could maintain balance.
• Whether common owners not affiliated with major networks (ABC, CBS, FOX, and NBC) should be excluded from the cap.
• Whether to retain the UHF discount.
• How the cap affects broadcast television’s position relative to other unrestricted video distributors such as online video services.
• Legal developments affecting the FCC’s authority to change the cap and the UHF discount.

Comments will be due 25 days after publication in the Federal Register, which has not happened yet, and reply comments will be due 45 days after publication.

If you have questions about the National Television Multiple Ownership Rule, or about filing comments, contact an attorney in our Media Practice Group.