FCC Seeks Comment on Duplication of Radio Programming Rule

The Federal Communications Commission Friday released a Notice of Proposed Rulemaking asking whether to modify or eliminate the radio duplication rule.

The rule limits AM or FM stations from airing more than 25% of total hours in an average broadcast week of duplicative programming.  The rule applies to commercial stations in the same service (AM or FM) with substantial contour overlap that are commonly-owned or subject to a time brokerage agreement.

The Commission adopted the radio duplication rule in 1992.  Since that time, the industry has significantly changed.

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The number of radio stations has grown dramatically from 11,600 to 19,500, radio content offerings have expanded through websites and mobile apps, and through the Commission’s revitalization efforts, AM broadcasters can now use the FM band, with thousands of FM translator stations already authorized.

In the proposal, the NPRM asks whether the rule remains necessary to promote competition and programming diversity, or if allowing broadcasters additional programming freedom would better promote these goals.  Additionally, because radio broadcast spectrum is fully utilized and demand for spectrum continues to grow, the NPRM asks whether the rule remains necessary to promote spectrum efficiency.

According to InsideRadio, the proposal to potentially allow more radio simulcasts is facing skepticism from the two Democrats that sit on the Commission. Geoffrey Starks said that while he recognizes market forces are changing, other things have not. “The prospect of allowing current radio station owners to broadcast duplicate content is particularly questionable to me at a time when women and people of color remain largely absent from radio ownership and opportunities for diverse new owners to enter this business are few and far between,” said Starks. He pointed out the latest FCC data shows 8% of FMs are owned by women, 4% are owned by Hispanics, 1% by African Americans, and less than half a percent by Asian Americans. “I can think of precious few situations where such an arrangement would be the best and most valued use of our spectrum,” said Starks.

Commissioner Jessica Rosenworcel is also worried about the impact that more radio simulcasts could have on an already shrinking number of local news outlets. “This policy was designed to support radio localism, competition and diversity. Take it away and the quantity of local programming could easily decline,” she said. Rosenworcel noted that’s especially important since research shows that local news remains the most trusted form of journalism. “When we issue licenses for broadcasting, they represent a public trust and they come with a unique duty. Under the law, they are required to serve their community,” she added.