WASHINGTON, D.C. – In response to today’s decision by the U.S. Court of Appeals for the Eighth Circuit vacating key portions of the FCC’s 2023 order stemming from its 2018 Quadrennial Review, the National Association of Broadcasters issued the following statement:
“NAB is extremely pleased with the Eighth Circuit’s decision to vacate the previous FCC’s arbitrary and outdated top-four prohibition,” said NAB President and CEO Curtis LeGeyt. “This is a major step forward for local television broadcasters seeking to compete and thrive in a vastly transformed media marketplace.
“At the same time, we are disappointed that the court stopped short of addressing the decades-old radio ownership restrictions that defy economic reality and weaken broadcasters’ ability to compete, invest in local journalism and serve their communities. Fortunately, FCC Chairman Brendan Carr has long been a champion for empowering local stations, and we look forward to working with this FCC to modernize its local radio ownership rules and ensure local broadcasters can thrive in the communities they serve across the nation.”
Background
Under the Telecommunications Act of 1996, the FCC is required to review its broadcast ownership rules every four years and repeal or modify any that are no longer in the public interest due to marketplace competition. In December 2023, the FCC issued its long-delayed order completing the 2018 Quadrennial Review. Rather than modernize its ownership rules to reflect the current media landscape, the Commission retained every existing regulation, including those affecting local radio, and further tightened the television ownership rule known as the “Top-Four Prohibition.”
NAB and a coalition of local broadcasters challenged the order, arguing that the FCC’s approach ignored the competitive pressures broadcasters face from digital platforms and failed to meet the statutory requirements for review. The Eighth Circuit agreed in part, vacating the Top-Four Prohibition and the related Note 11 provision, finding the FCC’s rationale was “arbitrary and capricious,” “unsupported by the record” and relied on “outdated” or insufficient evidence. The court wrote that “in light of the evidence against the Top-Four Prohibition and in the absence of any record-supported reason for keeping the rule,” the Commission failed to justify its continued enforcement of that regulation.
The National Association of Broadcasters is the premier advocacy association for America's broadcasters. NAB advances radio and television interests in legislative, regulatory and public affairs. Through advocacy, education and innovation, NAB enables broadcasters to best serve their communities, strengthen their businesses and seize new opportunities in the digital age. Learn more at nab.org.
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