To counter network arguments that the Federal Communications Commission has
no choice but to raise or eliminate the 35 percent cap on TV-household reach,
the National Affiliated Stations Alliance told the FCC an increase faces higher
legal obstacles than retention.
"A decision to modify or repeal is subject to precisely the same
public-interest standard and judicial review as a decision to keep the cap," the
NASA wrote to the commission Friday. "A decision to modify the cap or eliminate
must be justified by the evidence," which "was shown to support retention."
Friday's filing was one of several the group filed pushing to end abusive
tactics the networks allegedly use in reaching contracts with affiliates and to
defeat networks' attempts to raise the cap.