The Federal Communications Commission (FCC) is restarting its examination of the national television multiple ownership rule. This rule restricts the reach of broadcast television groups to a maximum of 39% of U.S. households.
A public notice was issued by the Media Bureau on Wednesday, inviting new public comments for MB Docket No. 17-318. This process, inactive since 2018, will determine if the rule needs to be kept, altered, or abolished. The review will also assess the continued use of the UHF discount, which allows UHF stations to count for only half their reach towards the national cap.
This action follows closely after Olivia Trusty’s Senate confirmation to the FCC, resulting in a Republican majority under Chairman Brendan Carr. “Since the 1940s, the FCC has had rules on the books that limit the number of television stations any single entity can own,” Carr stated. “Those changes have only accelerated in recent years with the advent of online offerings. Broadcasters now compete for eyeballs with YouTube stars, social media platforms, and streaming services like Hulu and Netflix—not to mention traditional cable and satellite offerings.”
“In light of these changes, I am glad that we are launching this proceeding,” Carr continued. “Answering these questions will help ensure that our media ownership rules are neither outdated nor counterproductive.” Carr also addressed concerns about the Commission’s jurisdiction, stating, “I am surprised that the issue of the Commission’s legal authority in this area has generated so much controversy,” and citing the Commission’s 2016 determination that “no statute bars the Commission from revisiting the cap.” He added, “While several seats up here have changed since then, the law has not.”
The national audience reach cap was last formally reviewed in 2017. Industry changes, market shifts, and evolving media consumption have reignited interest. The notice encourages comments on whether previous conclusions are still valid, especially considering the rise of streaming, reverse compensation between networks and affiliates, and consolidation within the industry. The FCC specifically asks whether common ownership of non-major network affiliates should be excluded from the cap and if discounts like the UHF discount are still justified. The Commission also seeks input on the broadcaster-network relationship, competition from online video, and any legal or economic developments influencing the cap.
Comments are due 25 days after Federal Register publication, with replies due 45 days later. All submissions must cite MB Docket No. 17-318 and use the Commission’s Electronic Comment Filing System. Curtis LeGeyt, president of the National Association of Broadcasters, welcomed the review, stating, “We appreciate Chairman Carr’s willingness to tackle this critical issue, which will allow us to better serve our communities with trusted news and information.”
The timing, directly after Trusty’s confirmation (a 53-45 vote with Sen. John Fetterman as the sole Democrat in favor), points to a shift in FCC policy. Democratic Commissioner Anna Gomez expressed a willingness to collaborate with Trusty. Attention now turns to the vacant Republican seat left by Nathan Simington, with Gavin Wax being considered as a potential replacement.