FCC's 2022 Quadrennial Review to Draw Motivation from Judicial Decision Abolishing Certain Ownership Regulations, According to Carr
The Federal Communications Commission (FCC) is set to conduct its 2022 Quadrennial Review of broadcast ownership regulation, influenced by a recent 8th U.S. Circuit Court of Appeals ruling that vacated the FCC's Top-Four TV station ownership rule from the 2018 Quadrennial Review.
FCC Chair Brendan Carr announced that the agency will move forward with the 2022 review, taking into account the court’s decision which struck down the rule prohibiting ownership of more than one of the top-four TV stations in a given market. This decision aligns with the deregulatory intent Congress had for these reviews, as the ruling eliminates one of the three major TV ownership rules remaining.
In a press conference held after the July Open Meeting on July 24, 2021, Carr emphasized the importance of re-empowering local TV stations, particularly in comparison to national programming. However, he did not elaborate on the "couple of things" that are significant for the Quadrennial Review or specify any particular changes to the ownership rules that the FCC is considering.
The 8th Circuit ruled the FCC's retention of the Top-Four rule was "arbitrary and capricious" and not supported by evidence, specifically rejecting the FCC's claim that such station groupings would lead to excessive market concentration. Consequently, the FCC’s prior policy of prohibiting ownership of multiple top-four stations in a market has been vacated, while other radio ownership rules remain intact.
The FCC plans to update ownership regulations accordingly, potentially loosening restrictions on station group combinations among the highest-rated TV stations in markets. The agency will issue further notices and public comment solicitations in the 2022 review process, now adjusted per the court’s reasoning.
Carr applauded the ruling, stating that the court's approach in interpreting the statutory language will inspire the FCC moving forward. He also mentioned that the FCC inquiry might become more focused, which he considers a positive development.
A Public Notice was issued for the 2022 Quadrennial Review, and the FCC has requested comments and replies to comments on the current ownership rules, with the deadline set for August.
The ruling makes clear the deregulatory intent that Congress had when setting the FCC on the path of Quadrennial reviews. This means the 2022 review will mark a significant shift from the stricter retention of rules seen in the 2018 review toward a more deregulatory stance shaped by judicial guidance.
[1] FCC Chair Brendan Carr Announces 2022 Quadrennial Review of Broadcast Ownership Regulation, Inspired by Recent 8th U.S. Circuit Court of Appeals Ruling on the 2018 Quadrennial Review. (2021, July 24). Retrieved from https://www.fcc.gov/document/fcc-chair-brendan-carr-announces-2022-quadrennial-review-broadcast-ownership-regulation-inspired-recent-8th-us-circuit-court-appeals-ruling-2018-quadrennial-review
[2] 8th U.S. Circuit Court of Appeals Vacates FCC's Top-Four TV Station Ownership Rule. (2021, June 24). Retrieved from https://www.fcc.gov/document/8th-us-circuit-court-appeals-vacates-fcc-s-top-four-tv-station-ownership-rule
[3] FCC Issues Public Notice for 2022 Quadrennial Review of Broadcast Ownership Rules. (2021, July 9). Retrieved from https://www.fcc.gov/document/fcc-issues-public-notice-2022-quadrennial-review-broadcast-ownership-rules
[4] FCC Chair Brendan Carr Applauds Court Ruling on TV Station Ownership. (2021, July 23). Retrieved from https://www.fcc.gov/document/fcc-chair-brendan-carr-applauds-court-ruling-tv-station-ownership
[5] FCC Chair Brendan Carr's Remarks on the 8th Circuit Court of Appeals Ruling on TV Station Ownership. (2021, July 24). Retrieved from https://www.fcc.gov/document/fcc-chair-brendan-carr-s-remarks-8th-circuit-court-appeals-ruling-tv-station-ownership
- The FCC's 2022 Quadrennial Review of broadcast ownership regulation is set to take into account the vacated Top-Four TV station ownership rule as a result of the 8th U.S. Circuit Court of Appeals ruling.
- FCC Chair Brendan Carr has announced that the agency will update ownership regulations, potentially loosening restrictions on station group combinations among the highest-rated TV stations in markets, following the court's ruling on the Top-Four rule.
- In a press conference, Carr stated that the court's approach in interpreting the statutory language will inspire the FCC moving forward, and the inquiry might become more focused as a result.
- As the ruling eliminated one of the three major TV ownership rules remaining, it aligns with the deregulatory intent that Congress had for these reviews, as seen in the 2022 review's shift from stricter rule retention towards a more deregulatory stance.
