Broadcast ownership rules face fresh scrutiny in September FCC meeting

The Federal Communications Commission will examine broadcast ownership restrictions that have remained unchanged for years when commissioners meet Sept. 30, advancing a statutorily required review that has been delayed since 2022.

The commission will vote on a Notice of Proposed Rulemaking for the 2022 Quadrennial Regulatory Review, which examines whether existing broadcast ownership rules remain “necessary in the public interest as the result of competition.”

The review covers three key regulations: the Local Radio Ownership Rule, the Local Television Ownership Rule and the Dual Network Rule.

Under current regulations, radio station ownership is limited by market size, with entities permitted to own between five and eight stations depending on the total number of stations in a market. Television ownership is capped at two stations per market, with specific restrictions on owning top-four rated stations. The Dual Network Rule prevents mergers among the four major broadcast networks: ABC, CBS, Fox and NBC.

Industry pressure mounts

The National Association of Broadcasters welcomed the FCC’s decision to advance the review, which has been stalled since the commission issued a public notice seeking comment in December 2022.

“We commend Chairman Carr for jump-starting the long-overdue 2022 Quadrennial Ownership Review,” said NAB President and CEO Curtis LeGeyt. “Outdated rules have held broadcasters back for too long. Modernizing them means stronger local journalism, more investment in communities and the live sports fans count on.”

The NAB and other broadcast industry groups have consistently argued that current ownership restrictions place traditional broadcasters at a competitive disadvantage against technology companies that face no similar limitations on their content distribution or advertising reach.

Legal complications and broader push

The review process has been complicated by recent court decisions. In July, the U.S. Court of Appeals for the Eighth Circuit largely upheld the commission’s 2018 ownership review but vacated key components of the Local Television Ownership Rule, including the “Top-Four Prohibition” that restricted ownership of highly-rated stations in the same market.

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The court also ruled that the commission exceeded its authority under Section 202(h) of the Telecommunications Act when it tightened certain restrictions, determining that the statute allows the FCC to loosen regulations but not strengthen them.

The broadcast ownership review represents one component of Chairman Carr’s broader deregulation initiative, which he has branded the “Build America Agenda.”

The September meeting will also include proposals to accelerate wireline and wireless infrastructure deployment by examining state and local permitting requirements.

Carr announced plans for a Notice of Inquiry examining Section 253 of the Communications Act, which prohibits state and local regulations that effectively block infrastructure builds. A separate Notice of Proposed Rulemaking will target wireless infrastructure deployment barriers.

The commission will also continue its “Delete, Delete, Delete” proceeding, with plans to eliminate an additional 387 rules and requirements covering approximately 29,335 words across 69 pages of regulations.

Market considerations

The FCC’s analysis will examine whether traditional broadcast markets remain distinct from broader audio and video entertainment landscapes that now include streaming services, podcasts, and social media platforms. Broadcast industry representatives argue that these digital competitors capture significant audience and advertising revenue without facing similar regulatory constraints.

The commission will seek comment on whether current ownership limits adequately promote competition, localism, and viewpoint diversity in an environment where consumers access content through multiple platforms and distribution methods.

The notice of proposed rulemaking will establish a 30-day comment period following Federal Register publication, with reply comments due within 60 days.