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Court Of Appeals Throws Out Tv Top 4 Ownership Prohibition What Is

Leo Migdal
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court of appeals throws out tv top 4 ownership prohibition what is

The Eighth Circuit Court of Appeals handed down its decision this week on the appeals of the FCC’s December 2023 decision following its 2018 Quadrennial Review (see our summary here) to leave the local... The Court’s decision was a victory for television owners, declaring the restrictions on the ownership of two of the Top 4 TV stations in any market to be contrary to the record and ending... The Court also provided a more sweeping victory to the industry, concluding that the Quadrennial Review proceeding was inherently a deregulatory one. In the Quadrennial Review process, the FCC can retain the rules that it has or relax them based on the effects of competition. It cannot tighten them, leading the Court to throw out the one new aspect of the 2023 decision – expanding the prohibition on a company acquiring a second TV network affiliation and moving it... While this decision gives the TV industry much to celebrate, the decision was not a total victory for the broadcast industry.

The radio rules remain unchanged, as do the TV limits that do not allow an interest in more than 2 TV stations in any market. The Court had been urged to find that these rules were no longer supportable in light of competition from digital media. The Court looked at the statutory requirement that the Commission review these rules every 4 years in light of competition, and decided to defer to the FCC’s policy judgment that the proper scope of... The Court deferred to the FCC’s findings that broadcasting’s unique local nature and its broad-based advertising reach (as opposed to the individually-targeted ads of digital competitors) made it different from digital media. Therefore, the Court upheld the FCC’s findings that broadcasting was still a unique marketplace where the public interest required limits on how many stations one party can own in a market. Certainly, most broadcasters, particularly in radio, would be surprised to know that they do not compete with digital – but that was the effect of the Court’s decision.

So, what’s next? In a few places in the Court’s decision, there were statements that suggested that the judge’s view of competition might have been different than that of the majority of the 2023 FCC. But, as Courts are to defer to administrative agencies on policy judgements (as opposed to judgements as to the meaning of a law, where a Court can substitute its judgement for that of an... But that is not to say that the FCC’s 2023 views on competition are written in stone and cannot be changed. Clearly, a different FCC can review an updated record and conclude that the industry has in fact changed, and that digital companies do in fact compete with radio and local TV. A new FCC, like the one that is currently in place, is permitted to conclude that the public interest demands that the rules be relaxed (or eliminated because they no longer serve any useful...

As we wrote several months ago, there were two ways that ownership deregulation might come for local radio and TV. One was through this Court decision which, except for the victory on the Top 4 issue, unfortunately did not occur. The other is from the FCC itself. The FCC is supposed to be conducting its 2022 Quadrennial Review, which needs to be completed quickly so that a 2026 review can begin. That means that the new Commission, headed by Chairman Carr who has in the past said that the radio ownership rules are a relic of another age and that the industry is at a... With the ball back in the FCC’s Court (once it resolves the question of whether it will offer any justification for the Top 4 rule in the 90 days provided by the Court), we...

While the Court’s failure to throw out those rules pushes the timeline back a few months from what the industry may have preferred, we still expect that these proposals will be offered at some... And, given the “break-glass” moment that the Chairman has recognized exists for the industry, we would expect quick actions once the proceeding starts. We are still bullish on changes to be effective in 2026 – let us hope that the FCC comes through. On July 23, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated two aspects of the Federal Communications Commission’s (FCC or Commission) regulation restricting the number of television stations that one entity can own in a local market. The court vacated the prohibition on ownership of two of the top four stations in a local market (the Top Four Prohibition) and the FCC’s expansion of the Top Four Prohibition to reach multicast...

The Eighth Circuit’s vacatur of the Top Four Prohibition and the Note 11 Amendment is significant for the television industry. Equally important is the Eighth Circuit’s holding that the federal statute directing the FCC to review its media ownership regulations every four years is “deregulatory [in] nature” and cannot be used by the agency... That holding will shape future quadrennial reviews and may help to achieve Congress’s deregulatory purpose in directing the FCC’s periodic reviews. The decision, Zimmer Radio of Mid-Missouri v. FCC, marks the latest development in a decades-long litigation saga concerning the FCC’s media ownership rules. Below, we discuss the Eighth Circuit’s decision, its practical impacts, and potential FCC action.

Section 202(h) of the 1996 Telecom Act requires the FCC to review its media ownership rules every four years to determine whether they are still “necessary in the public interest as the result of... In the Report and Order completing the 2018 Quadrennial Review (released in December 2023), the FCC retained its existing broadcast ownership rules and expanded the Top Four Prohibition by adopting the Note 11 Amendment. The Zimmer Radio Petitioners and Intervenors, including the National Association of Broadcasters representing thousands of television and radio broadcasters, challenged the Order. Specifically, the Petitioners and Intervenors challenged the FCC’s decision to retain the Local Radio and Television Ownership Rules, as well as several discrete aspects of those rules. The U.S. Court of Appeals for the Eighth Circuit delivered a significant victory to television broadcasters Wednesday, vacating the Federal Communications Commission’s rule prohibiting ownership of more than one top-four-rated station in a market while leaving...

The St. Louis-based court found the FCC’s justification for retaining the Top-Four Prohibition “arbitrary and capricious” and “unsupported by the record,” marking a rare judicial rebuke of the agency’s media ownership policies. The ruling stems from challenges to the FCC’s December 2023 order completing its long-delayed 2018 quadrennial review of broadcast ownership rules. Under the Telecommunications Act of 1996, the FCC must review its broadcast ownership rules every four years to determine whether they remain “necessary in the public interest as the result of competition.” The Commission... The three-judge panel determined that the FCC’s rationale for maintaining the television rule contradicted available evidence. The Commission had argued that top-four combinations would result in excessive market concentration, but the court found this assertion “factually questionable,” noting that record evidence showed combinations between third- and fourth-ranked stations would not...

NAB, FCC chair Brendan Carr applaud 8th Circuit’s ruling overturning FCC rules that station groups can’t own more than one of the four most-watched TV stations in a market When you purchase through links on our site, we may earn an affiliate commission. Here’s how it works. WASHINGTON—In an important development in the battle over broadcast ownership regulations, the 8th U.S. Circuit Court of Appeals has vacated the Federal Communications Commission’s rules against a station group owning more than one of the top-four TV stations in audience share in a given market. The St.

Louis-based court also vacated an amendment to “Note 11” in the FCC rules that tightened how the top four stations are determined, but declined to undo rules governing radio stations and denied the petition... 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. Following a December 2023 FCC order retaining existing regulations as part of its 2018 quadrennial review, the National Association of Broadcasters and a coalition of local broadcasters challenged the order, arguing that the FCC’s... On November 25, 2025, the FCC released the Tentative Agenda for the December Open Meeting, scheduled for December 18, 2025 at 10:30 AM. The Commission On November 13, 2025, the FCC released the Agenda for the November Open Meeting, scheduled for November 20, 2025 at 10:30 AM.

The meeting can On November 13, 2025, the FCC released a Public Notice providing additional guidance ahead of the resumption of operations and the extension of filing deadlines. FCC Chairman Brendan Carr said he was 'pleased to see that the court agrees and has vacated that regulation.' Courts: A federal appeals court yesterday provisionally tossed out FCC rules designed to limit excessive control of TV stations affiliated with the ABC, NBC, CBS, and Fox networks within the same local market. The decision by the U.S. Court of Appeals for the Eighth Circuit could open the door for local TV stations owned by Nexstar Media Group and Sinclair Inc.

to increase their leverage when seeking carriage fees from cable and satellite TV operators and potentially streaming services like YouTube TV that distribute local TV stations. FCC Chairman Brendan Carr, who opposed the 2023 regulation as not serving the public interest, said he was “pleased to see that the court agrees and has vacated that regulation.” The National Association of... “This is a major step forward for local television broadcasters seeking to compete and thrive in a vastly transformed media marketplace,” said NAB President and CEO Curtis LeGeyt. In the ruling, the three-judge panel vacated the FCC’s Top-Four rule, which states that a firm may own only one local TV station ranked among the top four in terms of ratings (which are... (More after paywall, including PDF of ruling.) The companies argued they don't compete with each other and have been buffeted by subscriber losses.

Experts said the bold plan was worth celebrating but warned that the government's embrace of AI tools shouldn't come at the expense of safety. In a closely watched decision with major implications for broadcasters and the FCC’s open quadrennial rulemaking on media ownership rules, a federal appeals court has upheld much of what the previous Commission decided. The Eighth Circuit Court of Appeals said it would not “second-guess” the FCC’s decision to leave radio ownership limits intact, with a more nuanced outcome for TV ownership limits. The court gave a partial win for television broadcasters seeking updated rules. It struck down the agency’s continued ban on same-market ownership of top-rated TV stations (the provision known as the “Top-Four Prohibition”) and a newly tightened restriction on network affiliations. » Read More

A federal court has struck down the FCC’s prohibition on common ownership of two “top four” television stations in a single market, marking a significant change in the FCC’s media ownership rules. The Court left other ownership limitations – including the local radio ownership rule – in place. The Eighth Circuit Court of Appeals’ decision in Zimmer Radio v. FCC is also important because it sheds light on how courts will review FCC and other federal agency decisions under the Supreme Court’s less deferential standard adopted in its 2024 Loper Bright v. Raimondo decision. Media Ownership.

For over two decades, the FCC’s multiple ownership rules were fairly stable. In the largest geographic markets, radio broadcasters could own up to 8 radio stations, with a “subcap” of 5 stations in the same service (AM or FM). Television broadcasters could own up to two TV stations in a Designated Market Area (DMA) but could not own two of the top four rated stations in a DMA without a waiver from the... After 2023, TV broadcasters could not combine two top four program streams by putting one stream on a multicast channel or a low power TV station. The Telecommunications Act of 1996 requires the FCC to review its media ownership rules every four years to determine whether they remain “in the public interest as the result of competition.” The broadcasters who... Find out more about Lexology or get in touch by visiting our About page.

The Eighth Circuit Court of Appeals handed down its decision this week on the appeals of the FCC’s December 2023 decision following its 2018 Quadrennial Review (see our summary here) to leave the local... The Court’s decision was a victory for television owners, declaring the restrictions on the ownership of two of the Top 4 TV stations in any market to be contrary to the record and ending... The Court also provided a more sweeping victory to the industry, concluding that the Quadrennial Review proceeding was inherently a deregulatory one. In the Quadrennial Review process, the FCC can retain the rules that it has or relax them based on the effects of competition. It cannot tighten them, leading the Court to throw out the one new aspect of the 2023 decision – expanding the prohibition on a company acquiring a second TV network affiliation and moving it... While this decision gives the TV industry much to celebrate, the decision was not a total victory for the broadcast industry.

The radio rules remain unchanged, as do the TV limits that do not allow an interest in more than 2 TV stations in any market. The Court had been urged to find that these rules were no longer supportable in light of competition from digital media. The Court looked at the statutory requirement that the Commission review these rules every 4 years in light of competition, and decided to defer to the FCC’s policy judgment that the proper scope of... The Court deferred to the FCC’s findings that broadcasting’s unique local nature and its broad-based advertising reach (as opposed to the individually-targeted ads of digital competitors) made it different from digital media. Therefore, the Court upheld the FCC’s findings that broadcasting was still a unique marketplace where the public interest required limits on how many stations one party can own in a market. Certainly, most broadcasters, particularly in radio, would be surprised to know that they do not compete with digital – but that was the effect of the Court’s decision.

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The radio rules remain unchanged, as do the TV limits that do not allow an interest in more than 2 TV stations in any market. The Court had been urged to find that these rules were no longer supportable in light of competition from digital media. The Court looked at the statutory requirement that the Commission review these rules every 4 years in light of competition, and decided to defer to the F...

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As we wrote several months ago, there were two ways that ownership deregulation might come for local radio and TV. One was through this Court decision which, except for the victory on the Top 4 issue, unfortunately did not occur. The other is from the FCC itself. The FCC is supposed to be conducting its 2022 Quadrennial Review, which needs to be completed quickly so that a 2026 review can begin. T...

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