FCC Review Seeks to Update Media Ownership Rules

RADIO ONLINE | Tuesday, June 28, 2016

FCC Chairman Wheeler is circulating the 2010/2014 Quadrennial ownership review and rules that, if adopted, will take into account what it calls the "evolving media marketplace" and the Commission's obligation to "conduct timely review of the rules." As required by the Telecommunications Act of 1996, the Commission considers is mandated to whether or not the current rules continue to serve its goals of promoting competition, localism and diversity -- in particular, diversity of viewpoints in local markets, enriching local communities.

In 2014, the Commission adopted a further notice of proposed rulemaking to establish what it called "a clear and transparent set of guidelines for media ownership," incorporating the record from the 2010 proceeding and initiating the 2014 review. The further notice also sought updated information on the state of the media ownership marketplace.

The substantial record concluded both the existence of a dynamic media marketplace and the continuing importance of traditional media outlets to their local communities. So, while advances have changed the ways in which many consumers access entertainment, news, and informational programming, the FCC found that traditional media outlets remain of vital importance to their local communities. Its analysis indicates that the ownership restrictions remain necessary in the public interest, though the realities of the media marketplace require some targeted modifications of a number of the rules.

The rules now circulated for vote by the full Commission:

• Preserve the existing ownership restrictions, with targeted modifications.
• Preserve the existing ownership restrictions, with targeted Carryout the Third Circuit's remand of diversity issues,re-adopt the small business revenue-based eligible entity standard,address proposals submitted by MMTC, and decline to adopt race-or gender-based measures.
• Preserve the existing ownership restrictions, with targeted Readopt the TV JSA attribution rule consistent with the court's guidance in Prometheus III and Congress's guidanceon grandfathering.
• Preserve the existing ownership restrictions, with targeted Adopt a definition of shared services agreements; require that these agreements be filed with the Commission and made publicly available; and do not attribute any such agreements, other than JSAs, at this time.

The FCC states that existing media ownership rules, with slight modification, remain in the public interest. The order, if adopted, finds that the current media ownership rules remain necessary in the public interest but require minor updates to reflect current industry trends and marketplace realities.

The Commission's future quadrennial ownership review will be able to assess the impact of marketplace changes resulting from the auction. The proposed order:

Local Television Ownership Rule: (1) Retains the existing rule, with a minor technical modification to address the transition to digital broadcasting; (2) Extends the current ban on co-ownership of two top-four television stations in a market to network affiliation swaps, to prevent broadcasters from evading application of the rule; and (3) Declines to limit dual network affiliations via multicast at this time.

Local Radio Ownership Rule: Retains the existing rule with minor clarifications to assist the Media Bureau in processing license assignment/transfer applications. (For example, the item adopts a new Puerto Rico market definition based on Commission precedent, and also clarifies the grandfathering rules applicable to community of license changes.)

Radio/Television Cross-Ownership Rule: Retains the existing rule with a modification to address the transition to digital television broadcasting.

Newspaper/Broadcast Cross-Ownership Rule: Retains the existing ban on cross ownership, but relaxes the rule by providing an exception for failed or failing entities and states that the Commission will consider waivers. The trigger for the rule is also modified to consider the relevant Nielsen television or radio market (if any) and to replace the prior analog television contour with a digital contour to reflect the transition to digital television broadcasting.

Dual Network Rule: Retains the existing rule, which prohibits mergers among any of the top four national television broadcast networks (ABC, CBS, NBC, and FOX). We will continue to seek rules to promote a vibrant and diverse media marketplace.

Report: Social Media Platforms Influence Music Discovery Edison Research In the digital age, social media platforms have become more than just places to connect -- as they are sources for cultural discovery. The latest findings from The Infinite Dial 2024, supported by Audacy, Cumulus Media and SiriusXM Media, unveil how More

Baldassano Recipient of MIW's Preston Trailblazer Award Corinne Baldassano Mentoring and Inspiring Women in Radio (MIW) names Corinne Baldassano as the 2024 MIW Frances Preston Trailblazer. Corinne most recently served as Senior Vice President of Programming & Marketing at Take On The Day LLC/The Dr. Laura Program. More

Report: Podcast Workers File Complaint Against iHeartMedia iHeartMedia Unionized podcast workers at iHeartMedia, represented by the Writers Guild of America East, have lodged an unfair labor practice complaint against their employer with the National Labor Relations Board, reports the Hollywood Reporter. The More

FTC Votes to Bans Non-Compete Agreements & Clauses Federal Trade Commission The Federal Trade Commission (FTC) voted 3-2 to prohibit non-compete agreements on Tuesday. This decision, subject to ongoing legal challenges, will render existing non-compete clauses unenforceable for the vast majority of employees within 120 More

CBC to Air Carolina Panthers Games on WRAL/Raleigh Carolina Panthers The Carolina Panthers and Capitol Broadcasting Company (CBC) have expanded their partnership to air live Panthers games in the Triangle region on WRAL-FM (Mix 101.5) in Raleigh, beginning this fall. This contract extension through 2027 will make More

Anderson to Receive 2024 Loren Tobia Leadership Award Kristie Anderson The Radio Television Digital News Association has announced Kristie Anderson, Assistant News Director at WXIA in Atlanta, has been selected as the 2024 recipient of RTDNA's Loren Tobia Leadership Award. The award is given annually to a journalist More