FCC Bows To Court, Reinstates Media Ownership Rules

The Federal Communications Commission has reinstated media ownership rules affecting Newspaper/Broadcast Cross-Ownership Rule, Radio/Television Cross-Ownership Rule, Local Television Ownership Rule, Local Radio Ownership Rule and Television Joint Sales Agreement Attribution Rules.

The reinstatement follows a November 29 ruling Third Circuit Court mandate which formalized a decision that rejected a request for the entire panel of circuit judges to review a decision issued in September by a three-judge panel.

The Republican-led FCC in 2017 voted to eliminate the 42-year-old ban on cross-ownership of a newspaper and TV station in a major market. It also voted to make it easier for media companies to buy additional TV stations in the same market, and for local stations to jointly sell advertising time and for companies to buy additional radio stations in some markets.

The court in a 2-1 decision in September 2019 told the FCC to take up the issue again, saying the regulator “did not adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities.”

At the time,  FCC Commissioner Jessica Rosenworcel, a Democrat, said “over my objection, the FCC has been busy dismantling the values embedded in its ownership policies.” She said the “court rightly sent the FCC’s handiwork back to the agency because the FCC’s analysis was so ‘insubstantial.’”

The FCC Monday also repealed the eligible entity standard and its application to regulatory measures as set forth in the Second Report and Order. Additionally, the regulatory measures adopted in the Incubator Order are similarly repealed and unavailable to applicants.

The FCC's Media Bureau finds that notice and comment are unnecessary for these rule amendments, because this ministerial order merely implements the mandate of the U.S. Court of Appeals for the Third Circuit, and the Commission lacks discretion to depart from this mandate.