[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 [www.gpo.gov]
[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, [email protected], (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 https://apps.fcc.gov/edocs_public/ (https://apps.fcc.gov/edocs_public/). To request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format), send an email to 
[email protected] (mail to: [email protected]) 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).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     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.
     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.
     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). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    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 [email protected] 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, [email protected], (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