ers. This review was predicated, in part, on D. C. Circuit reversals of Commission actions in earlier biennial reviews. While the fCC will likely have acted in its current proceed ing by the time this article is published, probable judicial review and further FCC pro- ceedings will support the continued relevance of the analysis There are six rules under review in the third biennial. the first four rules relate to local markets while the last two are national in scope s The local TV station ownership rule, 47 C F.R.$ 733555(b), provides that no one may own more than two TV stations in any one market and may own two only under certain conditions s The local radio ownership cap, 47 C F.R.$ 733555(a), provides that a firm may own up to eight radio stations in one market depending on the number of ra- dio stations in that market s The local TV-radio cross-ownership rule, 47 C.F.R$73 3555(b), provides that a firm that owns only one TV station in a local market may own one, four, or seven radio stations in that market depending on not only of the number of radio and TV stations but also the number of cable systems and newspapers The broadcast-newspaper cross ownership ban, 47 C.F.R.$ 73 3555(d),pro- vides that no one may own both a daily newspaper and either a TV or a radio sta- tion in the same market s The dual network rule, 47 C.F. R. $73.658(g), provides that a merger between firms that are among the top four television broadcast networks is not permitted but a top-four network may merge with a network not among the top four The national TV station ownership cap, 47 C F R.$ 733555(e), provides that no company may own a group of television stations that, in the aggregate, can reach more than 35 percent of U.S. households (There is no corresponding nationwide imit on the number of radio stations that any firm can own The courts in 2001 Notice of Proposed Rule Making in the matter of 2002 Biennial Regulatory Review -Review of the Commissions Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 20 of the Telecommunications Act of 1996, MB Docket No. 02-277, released September 23, 2002 Fox Television Stations, Inc v. FCC, 280 F 3d 1027, rehearing granted, 293 F 3d 537 (D.C. Cir 2002), addressed the national TV ownership rule. Sinclair Broadcast Group, Inc v FCC, 284 F 3d 148 (D. C Cir. 2002), rehearing denied Aug. 13, 2002, addressed the local TV ownership rule. These cases held that $202(h)carries a presumption in favor of repealing or modifying the ownership rules4 ers.3 This review was predicated, in part, on D.C. Circuit reversals of Commission actions in earlier biennial reviews.4 While the FCC will likely have acted in its current proceed￾ing by the time this Article is published, probable judicial review and further FCC pro￾ceedings will support the continued relevance of the analysis. There are six rules under review in the third biennial. The first four rules relate to local markets while the last two are national in scope. * The local TV station ownership rule, 47 C.F.R. § 73.3555(b), provides that no one may own more than two TV stations in any one market and may own two only under certain conditions. * The local radio ownership cap, 47 C.F.R. § 73.3555(a), provides that a firm may own up to eight radio stations in one market depending on the number of ra￾dio stations in that market. * The local TV-radio cross-ownership rule, 47 C.F.R. § 73.3555(b), provides that a firm that owns only one TV station in a local market may own one, four, or seven radio stations in that market depending on not only of the number of radio and TV stations but also the number of cable systems and newspapers. * The broadcast-newspaper cross ownership ban, 47 C.F.R. § 73.3555(d), pro￾vides that no one may own both a daily newspaper and either a TV or a radio sta￾tion in the same market. * The dual network rule, 47 C.F.R. § 73.658(g), provides that a merger between firms that are among the top four television broadcast networks is not permitted, but a top-four network may merge with a network not among the top four. * The national TV station ownership cap, 47 C.F.R. § 73.3555(e), provides that no company may own a group of television stations that, in the aggregate, can reach more than 35 percent of U.S. households. (There is no corresponding nationwide limit on the number of radio stations that any firm can own. The courts in 2001 3 Notice of Proposed Rule Making in the matter of 2002 Biennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, MB Docket No. 02-277, released September 23, 2002. 4 Fox Television Stations, Inc. v. FCC, 280 F.3d 1027, rehearing granted, 293 F.3d 537 (D.C. Cir. 2002), addressed the national TV ownership rule. Sinclair Broadcast Group, Inc. v. FCC, 284 F.3d 148 (D.C. Cir. 2002), rehearing denied Aug. 13, 2002, addressed the local TV ownership rule. These cases held that §202(h) carries a presumption in favor of repealing or modifying the ownership rules