Proposed Rule2023-00878
Media Bureau Opens Docket and Seeks Comment for 2022 Quadrennial Review of Media Ownership Rules
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Published
January 17, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Media Bureau commences the 2022 Quadrennial Review of the Commission's media ownership rules and seeks comment on whether the rules remain necessary in the public interest as the result of competition.
Full Text
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<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
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[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Proposed Rules]
[Pages 2595-2597]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00878]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 22-459; DA 22-1364; FR ID 123086]
Media Bureau Opens Docket and Seeks Comment for 2022 Quadrennial
Review of Media Ownership Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Media Bureau commences the 2022
Quadrennial Review of the Commission's media ownership rules and seeks
comment on whether the rules remain necessary in the public interest as
the result of competition.
DATES:
Comment Date: March 3, 2023. Reply Comment Date: March 20, 2023.
FOR FURTHER INFORMATION CONTACT: Ty Bream, Industry Analysis Division,
Media Bureau, <a href="/cdn-cgi/l/email-protection#96c2efb8d4e4f3f7fbd6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="9cc8e5b2deeef9fdf1dcfaffffb2fbf3ea">[email protected]</span></a>, (202) 418-0644.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Public Notice in MB Docket No. 22-459, DA 22-1364, that was released on
December 22, 2022. The complete text of this document is available
electronically via the search function on the FCC's Electronic Document
Management System (EDOCS) web page at <a href="https://apps.fcc.gov/edocs_public/">https://apps.fcc.gov/edocs_public/</a> (<a href="https://apps.fcc.gov/edocs_public/">https://apps.fcc.gov/edocs_public/</a>). To request
materials in accessible formats for people with disabilities (Braille,
large print, electronic files, audio format), send an email to
<a href="/cdn-cgi/l/email-protection#88eeebebbdb8bcc8eeebeba6efe7fe"><span class="__cf_email__" data-cfemail="e4828787d1d4d0a4828787ca838b92">[email protected]</span></a> (mail to: <a href="/cdn-cgi/l/email-protection#21474242141115614742420f464e57"><span class="__cf_email__" data-cfemail="9afcf9f9afaaaedafcf9f9b4fdf5ec">[email protected]</span></a>) or call the FCC's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Synopsis
1. With this Public Notice, the Media Bureau commences the 2022
Quadrennial Review of the Commission's media ownership rules.
Accordingly, the Bureau seeks comment, pursuant to the obligation under
section 202(h) of the Telecommunications Act of 1996, on whether the
media ownership rules remain ``necessary in the public interest as the
result of competition.'' Although the Commission has not yet adopted
final rules in the 2018 Quadrennial Review proceeding, we remain
cognizant of the statutory obligation to review the broadcast ownership
rules every four years. Just as the previous (2018) quadrennial review
was initiated in December of 2018, we seek to commence this subsequent
(2022) review before the end of the 2022 calendar year.
2. As the Commission has observed previously, the media marketplace
can change dramatically in between its periodic regulatory reviews.
Moreover, economic studies and data collection, which we welcome as
part of this proceeding, may take significant time to complete.
Therefore, we find it prudent to provide commenters with ample time and
advance notice so they may begin undertaking such efforts, if they so
choose, as soon as possible. Accordingly, the Media Bureau finds that
initiating the 2022 Quadrennial Review despite the pendency of the 2018
Quadrennial Review is appropriate in this instance. The Commission
similarly initiated the 2014 Quadrennial Review prior to completing the
2010 review. In that previous instance, the Commission incorporated the
existing 2010 record into the 2014 review. Here, the Media Bureau is
creating a new
[[Page 2596]]
docket for the Commission's future consideration of the 2022
proceeding.
3. Background. As stated, Section 202(h) of the Telecommunications
Act of 1996 requires the Commission to review its media ownership rules
every four years to determine whether they remain ``necessary in the
public interest as the result of competition.'' On December 12, 2018,
the Commission adopted a Notice of Proposed Rulemaking to initiate the
2018 Quadrennial Review proceeding and to seek comment on whether to
retain, modify, or eliminate any of its media ownership rules. The
three rules on which the Commission sought comment in the 2018
Quadrennial Review NPRM, 84 FR 6741 (Feb. 28, 2019), are the Local
Radio Ownership Rule (47 CFR 73.3555(a)), the Local Television
Ownership Rule (47 CFR 73.3555(b)), and the Dual Network Rule (47 CFR
73.658(g)).
4. After the original comment period closed for the 2018
Quadrennial Review, a number of legal developments ensued that
necessitated delaying Commission action on that proceeding.
Specifically, several parties had sought judicial review of the 2010/
2014 Quadrennial Review Order on Reconsideration, 83 FR 755 (Jan. 8,
2018), which had concluded the 2010/2014 Quadrennial Review and adopted
rule changes that then became the basis for comment in the subsequent
2018 Quadrennial Review. On September 23, 2019, in Prometheus Radio
Project v. FCC, 939 F.3d 567 (3d Cir. 2019), the Third Circuit vacated
and remanded the bulk of the Commission's actions in the 2010/2014
Quadrennial Review Order on Reconsideration. Accordingly, on December
20, 2019, the Media Bureau issued an Order, 85 FR 5163 (Jan. 29, 2020),
reinstating the rules as set forth in the 2010/2014 Quadrennial Review
Order. The Third Circuit's actions thus effectively called into
question the rules under review in the 2018 Quadrennial Review until
the status of the Commission's rule modifications and repeals in the
2010/2014 Quadrennial Review Order on Reconsideration could be legally
settled.
5. The Commission and broadcast industry petitioners filed separate
Petitions for Writ of Certiorari before the Supreme Court, each asking
the Supreme Court to review and overturn the Third Circuit's decision
on different grounds. The Supreme Court ultimately reversed the Third
Circuit's decision in FCC v. Prometheus Radio Project, 141 S. Ct. 1150,
on April 1, 2021, in a unanimous decision. By then, however, nearly two
years had passed since the original comment period closed for the 2018
Quadrennial Review.
6. On June 4, 2021, the Bureau released a public notice seeking to
refresh the record in the 2018 Quadrennial Review proceeding. In that
Public Notice, 86 FR 35089 (July 1, 2021), the Media Bureau sought any
new and relevant information concerning the proceeding, including new
empirical and statistical evidence, proposals, and detailed analysis.
Additionally, the Bureau sought comment on how the media marketplace
had evolved since early 2019 and whether new technological innovations
had spurred noticeable trends or changed industry practices, as well as
how any trends had impacted the manner in which consumers obtain local
and national news and information. That proceeding remains pending.
7. Discussion. As with each new quadrennial review required by
Congress, we start this proceeding to examine the media ownership rules
in light of the media landscape of 2022 and beyond. Although they
remain subject to the ongoing 2018 Quadrennial Review proceeding, the
three rules currently in place and subject to this review are the Local
Radio Ownership Rule and the Local Television Ownership Rule--which
limit ownership by a single entity of broadcast radio or television
stations in local markets respectively--and the Dual Network Rule,
which effectively prohibits mergers among the Big Four broadcast
television networks (ABC, CBS, Fox, and NBC). In the context of these
three rules, as with prior reviews, we seek information regarding the
media marketplace, including ongoing trends or developments (e.g.,
consolidation, technological innovation, or the emergence of new video
or audio options for consumers), that commenters find relevant to the
Commission's review of its media ownership rules.
8. In addition, we note that the statutory directive of section
202(h) is explicitly tied to the public interest standard, in that it
requires the Commission to determine whether the rules remain
``necessary in the public interest as the result of competition.''
Accordingly, we seek comment on the impact of the rules on the American
public as consumers of media and the function and objectives of the
rules as they relate to broadcasters' public interest obligations. Have
the rules served, and do they continue to serve, consumers,
particularly with respect to the Commission's longstanding policy goals
of competition, localism, and diversity? If so, in what ways? Are there
ways in which the rules have fallen short? Has the marketplace under
our current rules delivered sufficient ``returns'' for consumers with
respect to competition, localism, and diversity? How can the Commission
measure or evaluate any ``returns'' that consumers have received as a
result of those rules? Should the Commission adjust its analysis of the
audio and video programming marketplace to account for fundamental
changes in consumer behavior (e.g., use of streaming alternatives)? Are
there areas in which consumers rely uniquely on broadcast media? More
generally, how should the Commission define or redefine the policy
goals for the rules? Are there other policy goals, besides competition,
localism, and diversity, that the Commission should consider in
relation to the rules?
9. We further note that commenters in prior proceedings have
encouraged the Commission to evaluate the effects of its rules on the
ownership of broadcast stations by minorities and women. To this end,
we seek comment on barriers to minority and female ownership of
broadcast stations and areas in which commenters believe those barriers
relate to, intersect with, or could be addressed by changes to the
three ownership rules that are the subject of this proceeding.
Specifically, we encourage commenters to identify concrete changes the
Commission could or should make with respect to these or any additional
ownership rules. We ask commenters to explain in detail or to
demonstrate with legal analysis and empirical evidence how any such
changes or additions would address concerns regarding minority and
female ownership and how they could withstand legal scrutiny.
10. As always, commenters may provide any additional information
regarding legal or economic factors, changes, or issues that the
Commission should consider, evaluate, and/or address in the context of
the 2022 Quadrennial Review. The record compiled in response to this
Public Notice will help inform the Commission's next steps in the 2022
proceeding, such as any subsequent Notice of Proposed Rulemaking. In
this regard, we reiterate the request from previous quadrennial reviews
that commenters submit empirical evidence, data, and studies in support
of their claims and positions wherever possible. We encourage
commenters to draw any conclusions or connections between data and
potential policy or rule changes as tightly and as explicitly as
possible. In addition to identifying,
[[Page 2597]]
analyzing, and submitting existing data, commenters are encouraged to
compile new data or to conduct further research that can be submitted
to the Commission as part of the 2022 proceeding.
11. Ex Parte Rules--Permit But Disclose. This proceeding shall be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. Persons making ex parte presentations must
file a copy of any written presentation or a memorandum summarizing any
oral presentation within two business days after the presentation
(unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must (1) list all persons
attending or otherwise participating in the meeting at which the ex
parte presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
12. Filing Comments and Replies. All filings must be submitted in
MB Docket No. 22-459. Interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
13. People With Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#274144441217136741444409404851"><span class="__cf_email__" data-cfemail="d2b4b1b1e7e2e692b4b1b1fcb5bda4">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
14. Additional Information. For additional information on this
proceeding, please contact Ty Bream of the Media Bureau, Industry
Analysis Division, <a href="/cdn-cgi/l/email-protection#65311c4b2717000408250306064b020a13"><span class="__cf_email__" data-cfemail="6135184f231304000c210702024f060e17">[email protected]</span></a>, (202) 418-0644.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2023-00878 Filed 1-13-23; 8:45 am]
BILLING CODE 6712-01-P
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