NAB on FCC JSA Vote: Arbitrary and Capricious

With the outcome a pretty much a foregone conclusion, reaction was swift to the Federal Communications Commission's vote (3-2 along party lines) to make joint sales agreements (JSAs) above 15% of ad sales attributable under FCC ownership rules, as they have been in radio since the 1990s.

Broadcasters were smarting, but most of the comment came from public advocacy groups celebrating the new regulations and hoping for more.

National Association of Broadcasters president Gordon Smith has already suggested NAB might take the FCC to court over that call, and the statement by spokesman Dennis Wharton after the vote did not take anything from that potential hardball.

"It's disappointing the FCC would take this action without first completing its 2010 statutorily mandated media ownership review. As the record before the Commission clearly shows, the public interest will not be served by this arbitrary and capricious decision."

Both commissioner Republicans were on the same page as NAB, as was House Communications Subcommittee Chair Greg Walden (R-OR), according to a committee source. Commissioner Pai particularly suggested the decision was not based on the record and suggested the court should step in.