FCC Initiates First Review in 15 Years of TV Network-Affiliate Power Dynamics

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The Federal Communications Commission (FCC) has launched a significant proceeding to examine the relationship between national television networks and their local affiliates, marking the first such review in over 15 years. The initiative, announced by FCC Chairman Brendan Carr, aims to empower local broadcasters to better fulfill their public interest obligations.

Chairman Carr stated on social media, > "The FCC has an obligation to ensure that local broadcast TV stations meet their public interest obligations. Yet National Programmers operating out of New York & Hollywood are reportedly preventing those broadcasters from serving their local communities—including by punishing them for exercising their right to preempt national programming." This proceeding seeks to address concerns that national programmers may be exerting undue influence or control over local stations.

The FCC's inquiry is rooted in a historical context, drawing parallels to the 1941 Chain Broadcasting Regulations which addressed similar power imbalances in radio. The agency is particularly concerned that restrictive conditions within affiliation agreements or an imbalance of power could impede local stations' ability to make independent programming decisions, including the right to preempt national content for local needs.

As part of the review, the FCC is soliciting public comments on several key issues. These include whether national programmers can punish local stations for preempting programming, if affiliates should have more freedom to broadcast other networks' shows or schedule their own, and how the shift of programming to streaming platforms grants networks additional leverage in affiliation agreements.

The move follows recent high-profile incidents, such as the brief preemption of a late-night show by major station groups like Sinclair and Nexstar, which Chairman Carr framed as an example of local broadcasters asserting their independence. While Carr has defended his investigations into network practices, his approach has drawn bipartisan criticism regarding the FCC's role in programming content. Comments on the proceeding are due by December 10, with replies by December 24.