[Federal Register Volume 90, Number 128 (Tuesday, July 8, 2025)]
[Proposed Rules]
[Pages 30032-30034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12603]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 17-318; DA 25-530; FR ID 300811]
National Television Multiple Ownership Rule
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: In this document, the Media Bureau of the Federal
Communications Commission seeks to update the record in the National
Television Multiple Ownership Rule proceeding, in which the Commission
has sought comment whether to modify, retain, or eliminate the 39%
national audience reach cap and/or the UHF discount.
DATES: The comment period for the proposed rule published January 26,
2018 (83 FR 3661), is reopened. Comments are due: August 4, 2025. Reply
comments are due: August 22, 2025.
ADDRESSES: All filings must be submitted in MB Docket No. 17-318.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, 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).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
[cir] Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
[cir] Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
[cir] Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
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).
FOR FURTHER INFORMATION CONTACT: Ty Bream, [email protected], of the
Industry Analysis Division, Media Bureau, (202) 418-0644.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Public Notice in MB Docket No. 17-318, DA 25-530, that was released
June 18, 2025. The full text of this document is available for public
inspection online at
[[Page 30033]]
https://docs.fcc.gov/public/attachments/DA-25-530A1.pdf and via the
search function on the Commission's Electronic Document Management
System (EDOCS) web page at https://www.fcc.gov/edocs. Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat. Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format, etc.) and
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) may be requested by sending an email to
[email protected] or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice).
Synopsis
With this Public Notice, the Media Bureau seeks to refresh the
record in the National Television Multiple Ownership Rule proceeding.
The prior comment and reply comment period in this proceeding closed
over seven years ago. Given the passage of time, we now seek further
comment to refresh the record in this proceeding.
Background. In December 2017, the Commission adopted a Notice of
Proposed Rulemaking (National Cap NPRM) (83 FR 3661, Jan. 26, 2018) to
seek comment on whether to retain, modify, or eliminate its rule
limiting entities from owning or controlling broadcast television
stations that, in the aggregate, reach more than 39% of the television
audience households in the United States. The National Cap NPRM also
sought comment on a component of the rule which provides a 50% discount
to UHF stations for purposes of calculating compliance with the 39%
audience reach cap, often referred to as the UHF discount.
Discussion. With this Public Notice, we open a new comment window
and encourage the submission of new or additional information to
refresh the record in the National Television Multiple Ownership Rule
proceeding. The dockets in this and other proceedings show that the
national audience reach cap still generates significant interest to
commenters who continue to submit information about it, despite the
fact that the record closed seven years ago. Accordingly, we present
commenters with this further opportunity to refresh the record in the
National Television Multiple Ownership proceeding.
First, we seek comment on materials filed since the comment period
ended in April 2018. We invite commenters to review these materials and
comment on whether they highlight any issues that warrant further
comment and consideration. Are there issues raised in the National Cap
NPRM for which new and relevant information has come to light? How have
the positions of commenters in this proceeding changed over time as a
result of new information? To what extent is prior information in the
record outdated or superseded by more recent developments? Where
possible, commenters should explain how any new analysis, evidence, or
proposals relate to the Commission's promotion of the public interest.
Second, we seek comment on new or additional information regarding
the television and video programming marketplace that is relevant to
this proceeding. Are there changes in the video programming marketplace
that would affect the Commission's prior conclusions about the national
audience reach cap? For example, in the National Cap NPRM, the
Commission noted, among other developments, the growth of video
programming options available to consumers (including online
alternatives to traditional video distribution), reverse compensation
fees paid by affiliates to broadcast networks, common ownership of
broadcast and cable networks, consolidation among both MVPDs and non-
network owned broadcast television station groups, and continuing MVPD
video subscriber losses. Are there any developments relevant to the
relationship between national broadcast networks and their local
affiliate television station groups? Have recent industry developments
altered the incentives or behavior of networks, local television
affiliates, and other market participants in ways relevant to the
national audience reach cap? In the National Cap NPRM, the Commission
discussed economies of scale made possible by expansion of station
ownership that may help broadcast television remain competitive in the
marketplace and deter the migration of expensive over-the-air
programming to other video programming distributors. The Commission
also reasoned that, by placing limits on the expansion of network owned
and operated station groups, a national cap would preserve a balance in
the marketplace between the networks and their local affiliates.
Specifically, the Commission noted its prior conclusions, dating back
to 2003, that a national cap would promote localism by enabling local
affiliates to influence programming decisions by the networks and to
exercise their rights to preempt the airing of network programming in
favor of programming better suited to their local communities' needs.
Do these prior conclusions remain accurate in 2025, and can they be
expected to remain valid going forward? If so, and the Commission
retains a national audience reach cap, should common ownership of
stations that are not affiliated with major national broadcast networks
(i.e., ABC, CBS, NBC, or FOX) be excluded from the cap? If the
Commission retains the cap in any form, should it include a UHF
discount or any other form of discount?
We also seek comment on any other relevant trends observed within
the television and video programming industry or in related markets
that are now relevant to the Commission's review of the cap. For
example, how has the national audience reach cap affected broadcast
television's market position in relation to other video distributors,
such as online video providers, that are not restricted by ownership
limits? Do the current relationships and business dealings between
broadcast television and other video distributors support modification
or elimination of the national audience reach cap?
Finally, we seek comment on whether there are any other legal or
economic developments that the Commission should consider in the
context of the national television audience cap. For example, how, if
at all, have legal developments affected the Commission's past
conclusions about its authority to implement changes to the national
audience reach cap and the UHF discount?
Initial Regulatory Flexibility Analysis. The National Cap NPRM
included an Initial Regulatory Flexibility Analysis (IRFA) pursuant to
5 U.S.C. 603, exploring the potential impact on small entities of the
Commission's proposals. We invite parties to file comments on the IRFA
in light of this request to refresh the record.
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
[[Page 30034]]
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 Sec. 1.1206(b). In proceedings governed
by rule Sec. 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.
Filing Comments and Replies. All filings must be submitted in MB
Docket No. 17-318. Pursuant to Sec. Sec. 1.415 and 1.419 of the
Commission's rules, 47 CFR 1.415, 1.419, 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).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
[cir] Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
[cir] Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
[cir] Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
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).
(Authority: 47 U.S.C. 154, 303, 334, 336, 339.)
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2025-12603 Filed 7-7-25; 8:45 am]
BILLING CODE 6712-01-P