Radio Non-Duplication Changes Seen Applying to FM

The draft order on relaxing radio non-duplication rules will be expanded to apply to FM and AM stations, and draft items on broadcast antenna siting and telephone relay service rules are expected to be approved before Thursday’s commissioners' meeting, FCC and industry officials said in interviews this week. FCC Democrats are seen likely to oppose the expanded radio item, agency officials said.

FCC Republicans Brendan Carr and Mike O’Rielly are seen as having pushed for the draft order to be changed to relax restrictions on commonly owned, same-market radio stations duplicating content for both bands. NAB had a call with aides to all three FCC Republicans last week pushing for such a change, it filed in docket 19-310. “Allowing FM broadcasters to duplicate programming on a commonly owned station could be particularly helpful in times of crisis.”

The original draft order said the non-duplication rule is still relevant for FMs, and in that band “remains useful in furthering the public interest goals of competition, programming diversity, and spectrum efficiency.” That draft said the record didn’t support relaxing the duplication rules for FM.

Commissioners Jessica Rosenworcel and Geoffrey Starks previously concurred on the NPRM that teed up the changes to the radio duplication item, and expressed reservations (see 1911220034). “I can think of precious few situations where such an arrangement would be the best use of our spectrum,” said Starks about the NPRM. Rosenworcel said it could hurt localism. They are considered especially unlikely to support the item if the relaxed rules are expanded to FM.

Allowing stations to duplicate content on the FM band is a step backward for diversity, said Common Frequency Technical Director Todd Urick. “The band has gotten more redundant in the last 10 years,” Urick said, noting an increase in the number of translators rebroadcasting content from other sources, such as AM stations. “There’s paltry justification” for relaxing the FM rules, he said. Even on AM, Urick believes the FCC should look at individual situations rather than a blanket relaxation. The original draft order had a similar position for FM stations, with a waiver process.

Broadcast attorneys said changes are unlikely to mean much for most FM outlets, because it likely won’t be in their business interest to duplicate content on multiple stations in the same market. NAB agreed: “Market forces will continue to push FM broadcasters to carry unique programming on commonly owned stations as a means to maximizing their audiences and revenues.” NAB’s advocacy for the change suggests some stations must want the option, Urick said.

Draft orders on updating the TRS and doing away with little-used antenna-siting rules attracted little attention in their dockets. Attorneys and FCC officials expect both items to be approved early and unanimously and eliminated from the agenda.

The TRS item would eliminate requirements state certifications be published in the Federal Register and that TRS users choose long-distance carriers and name alternative payment options. “The likelihood of any TRS provider billing users for TRS calls is de minimis,” an FCC fact sheet said. The antenna-siting rule hasn't been used in years, and generated virtually no NPRM comments.