FCC Chair Jessica Rosenworcel has stated that the latest update to media ownership rules is still a work in progress. The Federal Communications Commission is currently reviewing the comments collected during the 2022 quadrennial review, which began in December.
“We’re taking in those comments and looking through them at this time,” Rosenworcel told reporters following the FCC’s monthly meeting.
Unlike previous quadrennial launches that included detailed proposals for rule changes, the Media Bureau focused on asking questions about three media ownership rules subject to review: the Local Radio Ownership Rule, the Local Television Ownership Rule, and the Dual TV Network Rule.
The main obstacle currently hindering progress is the pending 2018 quadrennial review. This review has faced legal challenges since November 2017 when the decision was made to abolish newspaper-broadcast and radio-TV cross-ownership rules, modify radio AM-FM subcap regulations, and relax television ownership restrictions.
Although the Supreme Court upheld these revisions in April 2021, the FCC opened a public comment period in June 2021 to refresh the record before finalizing the proceeding, but it has not concluded.
The National Association of Broadcasters recently filed a lawsuit requesting that the federal appeals court in Washington complete the long-pending 2018 quadrennial review before proceeding with the 2022 review. Broadcasters have expressed difficulties in providing relevant comments for the new proceeding while the old one remains unfinished.
Rosenworcel confirmed that the court has not yet requested a response from the FCC regarding the lawsuit.
Broadcast attorney Scott Flick compares the 2018 quadrennial review to a “regulatory clogged pipe,” causing delays in other proceedings. Flick explains that while the courts have played a significant role in the quadrennial process, they can only review decisions that come directly from the FCC. Flick believes that the timing of the arrival of a fifth commissioner will be the determining factor in driving the latest media quadrennial, as a four-member commission may not be able to issue a quadrennial decision.