LAS VEGAS -- Broadcasters are optimistic about ownership deregulation and concerned about tariffs, while NAB is looking to broaden the NAB Show’s appeal, according to speeches and interviews at NAB Show 2025, which kicked off Saturday and runs until Wednesday. The show is set to feature almost no FCC presence compared with previous years, as only Commissioner Anna Gomez planned to attend.
The FCC should use a still-open 2017 proceeding to eliminate the national ownership cap, NAB said in a letter to the agency Wednesday. The rule bars any single TV broadcaster from owning stations that, as a group, reach more than 39% of the total number of U.S. TV households. “This outmoded rule prevents broadcasters -- but not any other video service providers -- from competing for audiences and vital advertising revenues across the county,” NAB said.
The House Commerce Committee's Democratic leaders said Monday that they have launched an investigation into FCC Chairman Brendan Carr’s “attacks on the First Amendment and his weaponization of the independent agency,” including multiple broadcaster probes he has initiated since taking over Jan. 20 (see 2502130060). Meanwhile, House Communications Subcommittee Chairman Richard Hudson of North Carolina and 72 other Republican lawmakers are urging the FCC to “modernize” its “outdated” broadcast ownership rules to remove “undue constraints on broadcasters’ ability to innovate and invest in local content.”
Deregulation of the telecom industry “is key” to making the industry more competitive and reducing the price of service, House Communications Subcommittee Chairman Richard Hudson, R-N.C., told a Free State Foundation conference Tuesday. Hudson said his goals are to also “modernize and streamline rules so that the telecom industry in America can thrive.” BEAD and other federal programs were supposed to help close the digital divide, “but they’re being slow-rolled over onerous requirements and regulations.”
Absent more FCC action on issues such as ownership and facilitating the ATSC 3.0 transition, the broadcast industry is quickly sliding toward a "period of catastrophic decline," FCC Commissioner Nathan Simington said Thursday. "We can't keep on the current trajectory" of stations closing and licenses falling into disuse, he said at a Media Institute event. The trend line on broadcaster bankruptcies is "a little bit like the beginning of a recession."
The 8th U.S. Circuit Court of Appeals judges didn’t appear to greatly favor either side in arguments Wednesday on the FCC’s 2018 quadrennial review order, but broadcast industry officials and attorneys said they saw it as a positive sign that the panel apparently embraced the idea that broadcasting is under threat. Aren’t FCC rules intended to promote viewpoint diversity “short-sighted” if they lead to broadcasters going out of business and no longer offering news? asked Judge Duane Benton of FCC attorney James Carr. “Isn’t AM radio dying?” Benton asked at another point. “I hear they’re not even going to put it in new cars.”
The FCC’s “In Re: Delete Delete Delete” proceeding could draw a huge number of response filings and is expected to require numerous subsequent rulemakings to lead to actual changes, said industry officials and academics. “Every single regulated entity will sit on Santa's lap and ask for presents,” said TechFreedom Senior Counsel Jim Dunstan. “It will take months just to sift through all the asks and determine how to proceed.”
Oral argument in broadcasters’ legal challenge of the FCC’s 2018 quadrennial review order (docket 24-1380) will take place in the 8th U.S. Circuit Court of Appeals next week, the first time in decades that the 3rd Circuit won't hear the recurring battle.
The Media Bureau on Tuesday granted a waiver of the top four prohibition to allow Gray Media to buy Fox affiliate KXLT-TV Rochester, Minnesota, even though it already owns NBC affiliate KTTC-TV Rochester in the same market, said a letter from Video Division Chief Barbara Kreisman. While FCC rules have allowed for top four waivers on a case-by-case basis for several years, they have rarely been granted. “Today’s action represents the first FCC approval of a new combination of two full-power, top-four ranked, same-market television stations in over five years,” said Gray in a news release. “Importantly, the FCC’s Media Bureau’s grant and written decision come just two months after the parties applied for approval of the transaction, which appears to represent the shortest processing time for a duopoly waiver in Commission history.” Gray’s proposed purchase of a top four combo in Sioux Falls, South Dakota, sat stalled at the FCC for 11 months before being abruptly granted in 2019, shortly after the 3rd U.S. Circuit Court of Appeals ruled against the agency’s 2014 quadrennial review order (see 1909250064).
The FCC is seeking suggestions on which of its rules should be eliminated in a docket (25-133) called “In re: Delete, Delete, Delete,” the agency announced in a news release and public notice Wednesday. “The FCC is committed to ending all of the rules and regulations that are no longer necessary. And we welcome the public’s participation and feedback throughout this process,” Chairman Brendan Carr said in the release. “For too long, administrative agencies have added new regulatory requirements in excess of their authority or kept lawful regulations in place long after their shelf life had expired.”