NAB, along with a Coalition of Small Market Television Stations, told the federal appeals court in Philadelphia last week that that the FCC acted contrary to law by failing to reform its local broadcast ownership restrictions during its last "quadrennial" review of those rules. In a brief filed May 17, NAB said the FCC erred when it failed to reform the local television ownership rule, the local radio ownership rule and the newspaper/broadcast and radio/television cross-ownership rules in light of dramatic marketplace changes.

Specifically, NAB and the Coalition of Small Market Television Stations argued that the FCC, in retaining its strict broadcast ownership restrictions, “made conclusory assertions, contradicted itself, changed course without explanation, failed to consider important aspects of the problem it faced, failed to respond to significant comments and acted contrary to the evidence.” Thus, the brief says that the court “cannot uphold the Commission’s failure to meaningfully review its outdated broadcast ownership restrictions,” as required by the 1996 Telecommunications Act.

While the court considers the challenges by NAB and other media companies to the FCC's last media ownership order, the FCC is beginning its required 2010 review of the broadcast ownership rules. The FCC is obligated by Congress to review these ownership restrictions every four years.

To read the brief submitted by NAB and the Coalition for Small Market Television Stations, click here.