FCC Makes It Tough To Get JSA Waivers

In its March 31 ruling giving broadcasters two years to unwind joint sales agreements used to get around the long-standing ban against owning two stations in small and medium markets, the Federal Communications Commission said it would consider requests for waivers.

But the text of the ruling erects a high bar for broadcasters seeking such waivers. Broadcasters must show that the JSA and any "related agreements or interests" do not provide them "with the opportunity, ability and incentive to exert significant influence over the programming or operations of the brokered station," the FCC says.

The FCC says that it "will take into account the totality of the circumstances in order to assess whether strict compliance with the rule is inconsistent with the public interest." The FCC also says that it will consider waiver requests on "an expedited basis," recognizing that some requests will come in the context of larger station deals that are time sensitive.