FCC Sets Pleading Cycle on Gray’s Post ‘Top Four’ Buys

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Gray Television is moving ahead with station acquisitions from SagamoreHill Broadcasting, Block Communications, and Allen Media in the wake of a federal appeals court striking down the FCC’s “Top Four” ownership ban, as the Commission’s Media Bureau has the pleading cycle for public comment with petitions to deny due next week — assuming the federal government reopens.


Gray Television has applied to acquire or combine stations in multiple markets. From SagamoreHill, it seeks to operate KCBD, KJTV-TV, and KLCW-TV in the Lubbock, Texas market and WTVM and WLTZ in Columbus, Georgia.

From Block, Gray would combine WAVE and WDRB in Louisville, Kentucky, along with other licenses in Ohio and Illinois. From Allen Media, Gray proposes to pair or cluster stations in Huntsville, Alabama; Paducah-Cape Girardeau-Harrisburg; Evansville, Indiana; Fort Wayne, Indiana; Montgomery, Alabama; Lafayette, Louisiana; Rockford, Illinois; and other mid-sized markets.

On July 23, the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the FCC’s “Top-Four Prohibition,” a rule barring common ownership of two full-power stations ranked among the top four in a single Nielsen market. The court’s mandate is expected to take effect on October 21, clearing the way for station combinations that would otherwise have been restricted.

Petitions to deny are due October 22, with oppositions required by November 6, and final replies due November 17.

Gray has requested approval under the FCC’s case-by-case review process or by using the agency’s waiver mechanisms, including failing-station waivers. The Commission said that while the applications were accepted for filing, they remain subject to further examination and possible return if found defective.

Parties interested in commenting must file through the FCC’s Licensing and Management System and are instructed to submit petitions, oppositions, and replies only in the application files in which they have standing.