In June 2006, the Commission opened a new phase of a rulemaking proceeding that concerns its major broadcast ownership rules (News Release). This rulemaking review serves two purposes: It responds to issues raised in a 2004 appellate decision concerning an earlier phase of the rulemaking, and it also fulfills a current statutory mandate. Section 202(h) of the Telecommunications Act of 1996 requires that the agency periodically review its broadcast ownership rules to "determine whether any of such rules are necessary in the public interest as the result of competition." Section 202(h) also states that Commission must "repeal or modify any regulation that it determines is no longer in the public interest."

The Commission on July 24, 2006, released an official Further Notice of Proposed Rulemaking ("Further Notice") to call for comment on the rules and to seek arguments and factual data about their impact on competition, localism and diversity.

This website provides Background Information about the proceeding and a brief description of the Rules Under Review in 2006.

We welcome comments on the current rules and suggestions about how the Commission might revise them to better satisfy our policy goals and legal obligations. Opening Comments were due October 23, 2006. The formal comment cycle has been extended beyond the normal period, to a total of 120 days. The due date for replies has been extended to January 16, 2007. (Although the formal comment period ends on the latter date, the agency will continue to accept input after that time.)

The Commission’s electronic filing system allows commenters to send short comments via e-mail or submit longer documents. Learn more about how to file a comment.

We are holding a series of public hearings on media ownership issues at diverse locations across the nation.

In addition, the Commission has released research studies studies which are available for public review and comment.

The Further Notice marks the latest in a series of developments over the last several years concerning the media ownership rules. The Commission last conducted the required review of the ownership regulations in 2002. The resulting 2002 Biennial Review Order ("2002 Order") was released in 2003. (Congress in 2004 amended the frequency of these periodic ownership reviews from once every two years to once every four years.)

In the 2002 Order, the Commission replaced the newspaper/broadcast cross-ownership rule and the radio-television cross-ownership rule with a single set of cross-media limits. The agency also revised the local television multiple ownership rule, retained the dual network rule, and amended its radio market definition and method of counting stations for purposes of the local radio ownership rule.

Several parties sought court review of various aspects of the 2002 Order, while others filed petitions for reconsideration with the Commission. In June 2004, the Third Circuit Court of Appeals issued its decision in Prometheus v. FCC, affirming some Commission decisions and remanding others for further justification or modification.

In June 2005, the U.S. Supreme Court declined to review the Third Circuit decision, thereby ending the appellate review stage. With this proceeding, the Commission is moving forward with its response to the Third Circuit Court of Appeals.