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Tag Archives: media ownership

FCC Proposes Elimination of Broadcast Main Studio Rule

Posted in Broadcast Regulation
Update 6/2/2017: Based on today’s publication in the Federal Register, comments are due on July 3, with reply comments due July 17. On May 18, 2017, the Federal Communications Commission adopted a Notice of Proposed Rulemaking (NPRM) in which it proposed to eliminate the main studio rule for all services (including the associated minimum staffing… Continue Reading

The Silver Lining in the FCC’s UHF Discount Order

Posted in Broadcast Regulation
On Wednesday, the FCC issued a long-expected Order abolishing its 30-year policy of applying a “UHF Discount” when calculating a broadcaster’s compliance with the 39% National TV Ownership Cap.  At the same time, the Commission refused to adopt a “VHF Discount” in recognition of the technical inferiority of VHF channels following the digital transition.  The… Continue Reading

FCC Bids Adieu to UHF Discount

Posted in Broadcast Regulation
They say all good things must come to an end, and for the FCC’s UHF discount, the end has arrived (pending the outcome of near-certain litigation).  Earlier today, the FCC issued a Report and Order eliminating its 30-year old policy of applying a 50% “discount” to market populations served by UHF stations when calculating compliance with the… Continue Reading

FCC Chairman Wheeler Circulates Proposed Media Ownership Rules

Posted in Broadcast Attribution, Broadcast Regulation
FCC Chairman Tom Wheeler has circulated to his fellow Commissioners a proposed final rule in the 2010/2014 Quadrennial Media Ownership proceeding.  Based on an FCC fact sheet summarizing Chairman Wheeler’s proposal, the new rules would largely keep the existing media ownership regulations in place.  Although the proposed changes are few, some could be significant to… Continue Reading

Third Circuit Vacates Joint Sales Agreement Attribution Rule, Expresses Displeasure Regarding FCC Delay in Concluding Quadrennial Reviews, and Orders Mediation Regarding an Eligible Entity Definition

Posted in Broadcast Attribution, Broadcast Regulation, Transactions
In what will no doubt become quickly known as Prometheus III, the United States Court of Appeals for the Third Circuit has issued its opinion reviewing the latest of the Federal Communications Commission’s (“FCC’s”) decisions (or lack of decisions) in the Quadrennial Review of its media ownership rules pursuant to Section 202(h) of the Telecommunications… Continue Reading

Broadcasters’ Media Ownership Challenge Heading Back to Third Circuit

Posted in Broadcast Attribution, Broadcast Regulation
Broadcasters challenging the FCC’s 2010 quadrennial media ownership order (or lack thereof) are now facing their third time presenting arguments before the U.S. Court of Appeals for the Third Circuit.  Just over a week before the U.S. Court of Appeals for the D.C. Circuit was scheduled to hear oral arguments in the case known as… Continue Reading

FCC Establishes Comment Deadlines for 2014 Quadrennial Ownership Review

Posted in Broadcast Attribution, Broadcast Regulation
Update: The FCC has extended the deadlines for submitting media ownership comments.  Comments and reply comments are now due on August 6 and September 8, respectively. The FCC has published its Further Notice of Proposed Rulemaking on media ownership in the Federal Register, triggering the comment deadlines in that proceeding.  Comments are due by July 7, 2014 and… Continue Reading

FCC Releases Report and Order on TV JSA Attribution and Ownership Further Notice of Proposed Rulemaking

Posted in Broadcast Attribution, Broadcast Regulation
On April 15, 2014, the FCC released the text of its Report and Order making certain television joint sales agreements (JSAs) attributable under the FCC’s media ownership rules and its Further Notice of Proposed Rulemaking regarding that simultaneously initiates the 2014 Quadrennial Review of its media ownership rules and seeks to resolve the still-pending 2010 Quadrennial Review… Continue Reading

FCC Acts to Attribute Television JSAs and Prohibit Joint Retransmission Consent Agreements; Initiates 2014 Quadrennial Ownership Review

Posted in Broadcast Attribution, Broadcast Regulation
The Federal Communications Commission (FCC or Commission) today took actions that implicate media ownership and television retransmission consent negotiations.  The FCC adopted: Orders that will: (1) make television joint sales agreements (JSAs) attributable where a brokering station sells more than 15% of the advertising time for a brokered station; and (2) effectively prohibit top-four television… Continue Reading

Wiley’s Word: Media Ownership Review – First, Do No Harm

Posted in Broadcast Attribution, Broadcast Regulation
Based on my experience as Chairman of the Federal Communications Commission, and as a long-time Washington D.C. communications lawyer, I know something about media ownership regulations.  It was under my stewardship that, in 1975, the agency adopted rules prohibiting the common ownership of a newspaper and radio or television stations in the same market –… Continue Reading

FCC Pulls Plug on Critical Information Needs Study

Posted in Broadcast Regulation, First Amendment, Program Content
A Federal Communications Commission (FCC) statement issued late today indicates the agency will not just modify its Critical Information Needs (CIN) study but, rather, will not proceed with the study at all.  As explained in the statement:  “The FCC will not move forward with the Critical Information Needs study.  The Commission will reassess the best way… Continue Reading

FCC Chairman Wheeler Confirms: The FCC Will Not Regulate Broadcasters’ Speech, Through “Community Information Needs” Study or Otherwise

Posted in Broadcast Regulation, First Amendment, Program Content
In response to a December 2013 letter sent by House Energy and Commerce Committee Chair Fred Upton, Federal Communications Commission (FCC) Chairman Wheeler has publicly confirmed that the FCC “has no intention of regulating the political or other speech of journalists or broadcasters.”  Chairman Wheeler’s letter response and an accompanying statement were issued in response… Continue Reading

Members of Congress Question FCC on “Critical Information Needs” Study, Suggesting Attempt to Revive Fairness Doctrine

Posted in Broadcast Regulation, Program Content
UPDATED On December 10, 2013, Fred Upton (R-MI), Chairman of the House Committee on Energy and Commerce, and several other members of the Communications and Technology subcommittee (including subcommittee Chairman Greg Walden (R-OR)) sent a letter to Federal Communications Commission Chairman Tom Wheeler asking about the FCC’s announcement that it would soon commence a field… Continue Reading

FCC Shifts Biennial Ownership Deadline Up Five Hours

Posted in Broadcast Attribution, Broadcast Regulation
Procrastinators (or, really, anyone trying to use the FCC’s CDBS system) beware — you have five fewer hours to file your biennial ownership reports! In a Public Notice, the FCC announced that a scheduled power outage at Commission headquarters will result in the unavailability of the FCC’s CDBS system after 7:00 p.m. on December 20,… Continue Reading