Broadcast Foreign Ownership - Why Is A Simple Policy Change Taking So Long?

Norman P. "Norm" Leventhal is a Partner in our Washington, D.C. office.

In late February, the Federal Communications Commission's Media Bureau invited comments from the public on changing its long-standing policy concerning foreign entities or persons owning more than 25% of a U.S. broadcast company. Specifically, the FCC Public Notice stated that a request before it "asks the Commission to clarify that it will conduct a substantive, facts and circumstances evaluation of proposals for foreign investment in excess of 25 percent in the parent company of a broadcast licensee, consistent with and in furtherance of its authority under" Section 310(b)(4) of the Communications Act. The request itself was filed late in August of 2012 and, as we explained, approval would only serve "as an opening to the status quo."