FCC Eliminates Radio Duplication Rule for Both AM and FM Bands
In a move that many in the industry said was long overdue, the Federal Communications Commission eliminated the radio duplication rule for both the AM and FM services.
But the move was not cheered by all at the commission, including an FCC commissioner who said the decision to include the FM band in the rulemaking chips away at the commission’s goal of protecting localism, competition and diversity.
At its August open meeting the commission adopted a Report and Order eliminating the rule, which restricts the duplication of programming on commonly owned broadcast radio stations operating in the same service and geographic area.
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Initially adopted in 1964, the commission had updated the rules several times over the years to reflect changes in the marketplace. But now was the time to eliminate the rule outright, said FCC Chairman Ajit Pai. The commission found that rescinding the rule would achieve several goals, including assisting struggling stations to stay on the air and giving licensees greater flexibility to address issues of local concern in a timelier fashion, particularly in a time of crisis.
“In order to help AM broadcasters overcome … challenges, the commission has been looking for ways to help by alleviating unnecessary regulatory burdens, providing more flexibility and improving sound quality,” Pai said.
Not only does the move give stations greater flexibility to simulcast programming — thereby helping them stay afloat and continue serving their communities — moreover, simulcasting could assist AM stations looking to transition to all-digital transmission, Pai said. “One station could offer the higher-audio quality of digital transmission, while another could keep supplying analog programming to listeners who don’t yet have digital-capable equipment,” he proposed in a statement.
The move is designed to help the AM band survive in an increasingly competitive marketplace, Pai said. Nowhere in his statement, however, does Pai make mention of the FM band.
The move was cheered by the National Association of Broadcasters.
“We applaud the commission for continuing to modernize its media rules,” said NAB Senior Vice President of Communications Ann Marie Cumming in a statement. “Given that there is no longer any rationale for imposing a ban on duplicating one’s radio signal, we appreciate the FCC’s decision to rescind the rule.”
But not all are onboard.
FCC Commissioner Jessica Rosenworcel concurred with the ruling in respect to the AM band but dissented in all other respects, saying that in the 36 hours before the commission’s August meeting, FCC leadership discarded the original Report and Order language, which proposed eliminating the radio duplication rule in the AM band only.
“As originally drafted, this decision would help alleviate some of the strain on these stations and experiment with rolling back this rule in the AM band,” she said. “It would be a smart test bed to see how localism, competition and diversity in the band fared when this rule was set aside.”
But the agency threw this approach away, she said, deciding to eliminate the policy in the AM band and FM band in one fell swoop.
For one, signal quality issues in these bands are totally different, Rosenworcel said, as are economic issues and the impact of content duplication in the FM band.
“So what we have is yet another small chip in our principles [that] rushes ahead without doing the due diligence needed to consider the impact on localism, competition and diversity,” she said.
FCC Commissioner Geoffrey Starks agreed, saying that the majority leadership at the commission fails to explain “how the benefits to FM broadcasters outweigh the public interest in protecting truly local broadcast programming and local audiences from the potential harms caused by unfettered duplicate programming.”
“I have concerns that today’s decision will undoubtedly make it easier and more cost-effective for large station groups to hoard local stations without any obligation to provide significant programming that meets local community needs,” he said.
According to supporters of the rule change, which included Pai as well as Commissioners Michael O’Rielly and Brendan Carr, elimination of the rule will give radio stations greater flexibility when it comes to format changes and ultimately allow stations to improve service to their communities.
The rulemaking is part of the commission’s ongoing Modernization of Media Regulation Initiative.
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