NAB Urges Court to Require FCC to Act on Delayed Review

RADIO ONLINE | Monday, April 24, 2023 | 4:30pm CT

National Association of Broadcasters

The National Association of Broadcasters (NAB) filed a petition for mandamus in federal court Monday seeking to require the Federal Communications Commission (FCC) to expeditiously complete its long-pending 2018 quadrennial review of broadcast ownership rules.

The FCC is required by law to review its broadcast ownership rules every four years and determine whether, in light of competition in the marketplace, they are still in the public interest. Despite this ongoing statutory requirement, the FCC has completed only one ownership review in the last 15 years, and none since 2017, leaving in place antiquated broadcast-only rules that even predate satellite, cable and the internet. 

"The Commission cannot continue to ignore its clear duty under the law," said NAB President and CEO Curtis LeGeyt. "Broadcasters do not simply compete against each other, but with digital behemoths in a crowded media marketplace where big tech companies threaten the viability of local media - the most trusted source of news. Broadcasters and the hundreds of millions of Americans that depend on us can't wait another day, much less another four years, for the FCC to allow us to compete on a level playing field. NAB is seeking judicial relief as unfortunately the Commission has left us no other option." 

Background: At the end of last year, the FCC issued a public notice seeking comment for the 2022 quadrennial review period, despite not having completed the required 2018 quadrennial review. The FCC's public notice seeking comment for the 2022 quadrennial review was issued by the Media Bureau, which strayed from the Commission's practice of commencing quadrennial reviews through a Notice of Proposed Rulemaking, which is voted on by the Commissioners.