Deadline for Comments on FCC Rules Regarding Broadcast Ownership Arrives in August
The Federal Communications Commission (FCC) has initiated a review of its television ownership rules, with a focus on the national TV ownership cap and the UHF discount. The review was launched with a Public Notice published on August 4, 2021, and has seen active developments in 2025.
The FCC is seeking public comments to update the record from a 2018 proceeding that examined whether to revise the national ownership cap of 39% audience reach for TV stations. This cap, originally set by Congress, limits a single entity's ownership reach nationwide and is under review to consider whether it should be increased or changed, reflecting modern media market conditions. The Public Notice seeks input on questions raised in 2018 and also on new issues raised by the current Commission's concerns. Comments were due by August 4, 2025, with replies due August 22, 2025.
In parallel, the U.S. Court of Appeals for the Eighth Circuit on July 23, 2025, vacated two specific aspects of the FCC's local television ownership rule. The court emphasized that the federal statute mandating FCC quadrennial reviews is inherently deregulatory and ruled that the FCC cannot add new burdensome rules in these reviews. This decision highlights a judicial push toward deregulatory outcomes and affects the FCC's ability to impose or maintain restrictive ownership rules during quadrennial reviews.
Regarding the UHF discount, which historically allowed UHF stations to count as less than full audience reach in ownership calculations due to signal differences, the FCC has considered its reinstatement as part of these ownership rule reviews, especially since digital transition has changed technical realities.
The FCC's 2022 Quadrennial Review, ongoing under Chairman Brendan Carr, is expected to continue considering ownership deregulation in light of competition from digital platforms. The recent court decisions and the ongoing rulemaking suggest possible relaxation or elimination of some ownership restrictions, pending updated evaluations by the Commission.
Interested parties may file comments and reply comments using the Commission's Electronic Comment Filing System (ECFS), as stated in the notice. The Public Notice seeks comments on a wide range of issues relating to the FCC's various ownership rules, including the relationship between national broadcast networks and their local affiliate television station groups, and whether recent industry developments have altered incentives or behavior in ways relevant to the national audience reach cap.
The FCC has noted the growth of video programming options available to consumers (including online alternatives to traditional video distribution) as a development relevant to this proceeding. The Public Notice refers to sections 1.415 and 1.419 of the Commission's rules, which are found in 47 CFR 1.415 and 1.419. All filings must be submitted in MB Docket No. 17-318, as per the notice in the Federal Register.
The Media Bureau has reopened comments on a 2017 notice of proposed rulemaking on national ownership caps that limits station groups from owning or controlling broadcast television stations that reach more than 39% of all U.S. television households. The Public Notice asks if the national audience reach cap should apply equally to all station ownership groups, including those not affiliated with major national broadcast networks (ABC, CBS, NBC, or Fox).
The full Public Notice is available for review, and the FCC is asking commenters to review materials and comment on whether they highlight any issues that warrant further comment and consideration. Commenters are also asked to explain how any new analysis, evidence, or proposals relate to the Commission's promotion of the public interest, and to comment on whether there are changes in the video programming marketplace that would affect the Commission's prior conclusions about the national audience reach cap.
- The FCC's ongoing Quadrennial Review, under Chairman Brendan Carr, seeks public comments to update the record from a 2018 proceeding, focusing on the national TV ownership cap, with comments due by August 4, 2025.
- The Public Notice also seeks input on the UHF discount, considering its reinstatement in light of digital transition and changes in technical realities.
- Interested parties can file comments and reply comments using the Commission's Electronic Comment Filing System (ECFS) with all filings submitted in MB Docket No. 17-318.
- The Media Bureau has reopened comments on a 2017 notice of proposed rulemaking on national ownership caps, questioning if the cap should apply equally to all station ownership groups, including those not affiliated with major national broadcast networks.
- In the 2022 Quadrennial Review, the FCC is expected to consider ownership deregulation in light of competition from digital platforms, potentially leading to relaxation or elimination of some ownership restrictions.
