FCC Media Modernization Efforts May Dwindle

FCC media modernization on deregulation and rule streamlining seemingly came to an end with a new administration. Broadcast and cable lawyers told us there weren't major items left on the to-do list. No media items were on the first two monthly agendas of Jessica Rosenworcel's tenure as acting chairwoman, though we're told it's unlikely that signals media items will be completely back-burnered. The FCC didn't comment.

An FCC official said few items remained on the media modernization front when Ajit Pai left as chairman. Media modernization was one of his signatures, with nearly every monthly meeting during his tenure featuring a related agenda item (see 1912060039). The FCC'er said the lack of media items on the February and March agendas reflects the acting chairwoman's office getting up and running, as well as the agency being particularly busy so far in her tenure with congressional directives, such as the emergency broadband benefit program, telehealth and the "rip and replace" supply chain matters. Asked about upcoming broadcast items after the February commissioners' meeting, Rosenworcel didn't provide any specifics.

Former Commissioner Mike O'Rielly, who pushed many of the media mod items, said targets remain. “America’s media industry is vastly over-regulated and deserves fundamental reform of Commission burdens,” he emailed. “If that’s not an option, the Commission absolutely should continue the piecemeal media moderation efforts, which free staff resources for other projects. There are plenty of good ideas -- even ones I made -- that have already been floated deserving attention and more that can come.”

Broadcast attorneys agreed that Pai’s media modernization program had addressed most of the obvious targets. There's still room to clean up media rules, but “nothing earth-shattering,” said Fletcher Heald's Anne Crump. She cited broadcast application notice rules, which were updated under Pai to eliminate rules requiring stations to advertise applications in newspapers. The replacement notice rules could use some tweaking, she said.

The FCC should still be willing to reexamine rules but probably doesn’t need to space it out over one item a month, said Foster Garvey's Melodie Virtue. “They ought to be opportunistic about it.”

Put on circulation Feb. 23 was one media item, a Further NPRM on review of FCC broadcast and cable equal employment opportunity rules. The FCC official said it's seeking a refresh of the record on the docket 98-204 proceeding.

Broadcast lawyer Mark Denbo of Smithwick & Belendiuk said it's too early in Rosenworcel's tenure to draw conclusions from monthly agendas, though her priority as a commissioner has largely been broadband deployment. He said she's likely to be less deregulation-oriented. He and other lawyers said any FCC action on media ownership rules is in limbo as the agency awaits a Supreme Court decision in Prometheus. Denbo said it would be highly unlikely for the FCC under Rosenworcel to increase the number of radio stations that can be owned in a market.

Rosenworcel supported some of the media mod agenda, even though she didn't originate the ideas as Republican FCC members did. She criticized the UHF discount (see 1710120019) and opposed the kidvid rules update (see 1907100067).