Amid growing expectations of broadcast ownership deregulation, two US House members introduced legislation that would establish an FCC shot clock of sorts that could accelerate deal-making if and when the agency moves to loosen radio’s ownership caps.
Reps. August Pfluger (R-TX) and Josh Gottheimer (D-NJ) introduced the Keep It Moving Act, which would require the FCC to act on license transfer and assignment applications within a set period of time. The bill’s introduction comes as the industry awaits resolution of the 2022 Quadrennial Review, the FCC’s mandated periodic reassessment of broadcast ownership rules.
The review, which carries implications for radio’s local ownership caps among other regulations, remains pending following a public comment period. If ownership caps are relaxed, the pipeline of consolidation transactions hitting the FCC could grow substantially.
Under the act, the Commission would have 15 days after an application is filed to determine whether it is complete and notify the applicant. Once deemed complete, the Commission would have seven days to issue public notice. From that public notice date, the agency would have 180 days to issue a final approval, extendable to one year if the application is referred to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, and up to 15 months if designated for a formal hearing.
The bill would also require a full Commission vote to deny any application, ensuring that consequential decisions are made by confirmed commissioners rather than at the bureau level. Applications already pending at the FCC at the time of enactment would receive a fresh clock starting on the date the bill becomes law.
If the Commission misses its deadline, applicants could seek a court writ compelling the FCC to act within 72 hours. Should the agency then wish to deny an application, it would need to go to the US District Court for DC and demonstrate by clear and convincing evidence that approval is not in the public interest.
NAB President and CEO Curtis LeGeyt backed the legislation, calling it “common-sense and long-overdue.” LeGeyt said, “As we have said previously, FCC licensees, and especially local television and radio broadcasters, need certainty that transactions before the Commission will receive a fair hearing and be acted upon in a timely manner. The Keep it Moving Act would provide that clarity and predictability. We look forward to working with Congressmen Pfluger and Gottheimer as this legislation advances and appreciate their leadership in leveling the playing field so local stations can continue serving their communities.”
Rep. Pfluger framed the legislation as complementary to the FCC’s existing direction under Carr. “FCC Chairman Brendan Carr and the Trump administration have been working tirelessly to modernize the FCC’s review process to encourage investment, lower costs, and expand access,” he stated
“The Keep It Moving Act supports this goal and ensures that the FCC reviews applications based on the facts and acts within a reasonable timeframe for years and administrations to come.”
