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Temporary Waiver

Media Bureau Lets Fox Keep TV Stations and NY Post -- For Now

Fox isn't getting its requested permanent waiver of the newspaper/broadcast cross-ownership rule (see 2010060032) that some critics feared the media company would receive in the waning days of the Trump administration. Instead, it got a temporary waiver to continue cross-ownership of WWOR-TV Secaucus, New Jersey, and the New York Post. The FCC Media Bureau order was issued late Friday afternoon (see 2012180069).

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The waiver, which also allows ownership of WNYW New York, lasts until 180 days after the conclusion of the next quadrennial review proceeding that addresses the cross-ownership rule. This "avoids the prospect of either precipitously requiring a divestiture that might prove unnecessary or authorizing a permanent combination while regulatory uncertainty remains over the status" of the rule, it said.

The bureau "preserves the status quo and avoids the prospect of either hastily requiring a divestiture that might prove unnecessary or authorizing a permanent combination," the order said. FCC staff noted the ongoing media ownership case that's before the Supreme Court.

Common Cause, Free Press and the United Church of Christ opposed the cross-ownership request. Free Press is happy the bureau "recognized the folly of Fox's request for a permanent waiver when everything is in flux, both with the Supreme Court case and the administration change," emailed General Counsel Matt Wood. "Maintaining the status quo in the long term is not nearly good enough." WWOR "has slashed journalists' jobs, shuttered newsrooms, closed its local studio and pulled up stakes in the state," the lawyer noted. "Today marks a small victory at least, or at least the chance to keep fighting for that victory, against far too many years of Rupert Murdoch's refusal to play by the rules or deliver quality local coverage."

"This is mildly encouraging," emailed Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor. "Regardless of which party has been in control of the FCC, Mr. Murdoch has always received what he wanted from the agency. He has acted as if the rules don't apply to him, and the FCC has generally proven him right. He does not deserve any additional waiver, but there is reason to hope things will play out differently this time." Fox declined to comment.