8th Circuit Rules on 2018 Quadrennial, Vacates Top 4 Limit
The 8th U.S. Circuit Court of Appeals vacated the FCC’s Top Four prohibition and its extension to low power TV stations and multicast streams but upheld the agency’s other broadcast ownership rules in a unanimous opinion Wednesday on the 2018…
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quadrennial review. Petitioners Zimmer Radio, Nexstar, NAB, Beasley Media and Tri-State Communications challenged the order in October. In weighing whether to retain broadcast ownership rules, “the FCC properly considered all three of its public interest goals—competition, localism, and viewpoint diversity,” said the opinion. “In sum, Petitioners have not shown that the Commission’s decision was not reasoned or reasonable.” However, the agency’s justifications for retaining the Top Four prohibition were “counter to the evidence before the agency,” the opinion said. The court also vacated the FCC’s extension of the top four prohibition to multicast channels and LPTV, and ruled that Congress didn’t intend for the agency to use the quadrennial review process to tighten regulations. The court will wait 90 days before issuing the mandate in the case to give the FCC an opportunity to provide “adequate evidence to support any of its articulated justifications for retaining the rule. If the FCC fails to do so, upon further order the mandate will issue,” the opinion said.