FCC Quadrennial Review Pulls a Sisyphus...Again

[Commentary] We once described the Federal Communications Commission’s quadrennial ownership review process as Sisyphean in nature. Keeping with that analogy, we can report that the rock has now rolled back down the hill … again. But this time the judicial gods appear ready to step in to make sure the job finally gets done.

In the meantime, the media ownership limits that have been on the books for years remain in place except for the Commission’s 2014 decision making certain joint sales agreements (JSAs) between TV stations “attributable” interests for purposes of the ownership rules. That decision has now been vacated, although perhaps not for long. And now the Third Circuit has issued its third case entitled Prometheus Radio Project v. FCC. The decision is not a good one for the FCC. With respect to the broadcasters’ appeal of the JSA decision, the Court has concluded that the Commission could not permissibly expand its ownership limitations (by making JSAs attributable) before it had first determined that the underlying ownership rules are in the public interest. Since the Commission has yet to make such a determination, the FCC’s JSA ruling has been tossed, at least for the time being.