FCC Reinstates Media Ownership Rules

On June 4, 2021, the Federal Communications Commission's Media Bureau released an order, consistent with the U.S. Supreme Court's decision in FCC v. Prometheus Radio Project, reinstating the rule changes previously adopted by the FCC in its media ownership proceedings but then vacated and remanded by the US Third Circuit Court of Appeals in 2019.3 As such, the Newspaper/Broadcast Cross-Ownership Rule, the Radio/Television Cross-Ownership Rule, and the Television Joint Sales Agreement Attribution Rule were eliminated, and the Local Television Ownership Rule and Local Radio Ownership Rule were reinstated as adopted in the Order on Reconsideration. In addition, the eligible entity standard and its application to regulatory measures as set forth in the 2016 Second Report and Order were reinstated. Finally, the regulatory measures adopted in the 2018 Incubator Order were reinstated. These changes became effective on June 30, 2021.

In addition, on June 4, 2021, the Media Bureau also released a Public Notice (MB Docket No. 18-349) seeking to update the record in the 2018 Quadrennial Review proceeding, in which the Commission has sought comment, pursuant to its obligation under Section 202(h) of the Telecommunications Act of 1996, on whether its media ownership rules remain “necessary in the public interest as the result of competition.” The deadline for filing comments is August 2, 2021, and the deadline for filing reply comments is August 30, 2021.