Last month the FCC stated its intent to vote on eliminating the duplication rule for AMs to allow AM stations with over 50 percent of overlapping signals to simulcast with the agency using an example of one station operating in all-digital mode once that is approved while another provides the same programming in analog. However, when the vote came on Thursday, a last minute change was made to change the rule for all radio services including FM. The vote passed on party lines with the two Democrat commissioners agreeing that the rule should’ve been eliminated for AMs, but failing to see the need for FMs to be included especially at the last minute.

Commissioner Brendan Carr, who made the amendment to include FM on behalf of the NAB wrote, “There aren’t always going to be compelling reasons to rebroadcast 100% of another station’s programing. But there is no indication that this will happen as a result of our action today. And in any event, these programming decisions should be determined in the market by the listening public and not by the FCC.

So I want to thank my colleagues for agreeing to my request that we extend the relief provided here to the FM band, rather than limiting it to AM as proposed in the draft released three weeks ago. Competition has eroded the original justification for this rule and that is equally true for AM and FM broadcasters. First Amendment considerations also counsel in favor of our decision today, as there is no basis in the record for retaining this type of speech regulation.”

In her dissent, commissioner Jessica Rosenworcel wrote, “When this report and order was first shared with us, it simply eliminated the radio duplication rule in the AM band. As a result, AM stations would no longer be subject to the restriction limiting programming duplication to no more than 25 percent of time during a typical week. The reason for relaxing this policy this way was clear. There are persistent interference issues that are unique to the AM band that are not going away. These technical challenges are real and we see them in declining listenership and increasing costs. Plus, some AM stations have gone silent, shutting service in this pandemic.

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. 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 sometime in the last 36 hours, the agency threw this approach away. It decided instead it would eliminate the policy in the AM band and FM band in one fell swoop. But the signal quality issues in these bands are totally different. The economic issues are not identical and the impact of content duplication is not the same.”

The full order can be read here.

—The Federal Communications Commission today adopted a
Report and Order eliminating the radio duplication rule for both the AM and FM services. The rule restricts the duplication of programming on commonly owned broadcast radio stations operating in the same service and geographic area.

The radio duplication rule, initially adopted in 1964, has been updated several times over the years to reflect marketplace changes, most recently in 1992. In today’s Order, the Commission finds that eliminating the radio duplication rule will help struggling stations stay on the air; afford broadcast radio licensees greater flexibility to address issues of local concern in a timely fashion, particularly in times of crisis; assist with format changes; facilitate a potential voluntary digital transition in the AM service; and ultimately allow stations to improve service to their communities. The Commission also concludes that broadcasters have no incentive to limit their appeal and thus their revenues by simulcasting the same programming on multiple stations for long periods of time so the benefits of providing additional flexibility outweigh any costs.

The rulemaking furthers the Commission’s Modernization of Media Regulation Initiative to
eliminate or modify media regulations that are outdated, unnecessary or unduly burdensome,
and concludes the 18th proceeding that is part of this initiative.

The FCC also eliminated the common siting rule preventing one who owns, leases, or controls a particular tower site of an FM or TV station from blocking a competing licensee from seeking permission to use it if “no other comparable site is available in the area, and the exclusive use of the site would unduly limit the number of such stations that can be licensed or unduly restrict competition among those stations.” The agency notes the only two comments received to its proposal were from consumers and not from any licensee who would be affected by the removal of the rule.

FCC Actions

The FCC’s Enforcement Bureau has upheld a $12,000 fine against Ondas de Vida’s 99.1 K256BS Palmdale CA. The translator was issued a Notice of Violation in April 2016 for operating with an ERP of 33.7 watts as opposed to the 10 watts it was licensed for. The licensee responded claiming it was temporarily using a higher powered transmitter but was now running in compliance with its license. FCC agents returned in May 2016 and February 2017 and found that the translator was still running at levels above its licensed power. In its Petition For Reconsideration, Ondas de Vida claimed the FCC was obligated to provide notice before issuing the Notice proposing a monetary forfeiture and that the
unauthorized modification of the Station’s transmitter power output was a permissible means of self-help to enable it to operate at its authorized effective radiated power. The also argued for a reduction in the fine based on their history of compliance with FCC rules. All of those arguments were dismissed.

The FCC continues to reach consent decrees with operators over missing documents from their online political files. Each of the groups have agreed to admission of liability and compliance plans:

• Christian Broadcasting of Norfolk owner of 1350 WGPL Portsmouth VA
• Christian Family Media Ministries Inc. owner of 90.7 WCVK Bowling Green, 91.7 WJVK Owensboro and 89.3 WZVK Glasgow KY
• Eagle Broadcasting LLC owner of 98.1 WMXI Laurel and 1400 WFOR Hattiesburg MS
• Freedom Broadcasting owner of 106.1 KFFB Fairfield Bay AR
• La Zeta 95.7 Inc. owner of 95.7 KSEC Bentonville AR
• Skytower Communications E-Town Inc. owner of 98.3 WQXE Elizabethtown KY
• Sumter Broadcasting owner of 94.7 WDEC-FM and 98.7 WISK-FM Americus GA
• WHOC Inc. owner of 1490 WHOC Philadelphia MS