By Cameron Coats
On June 11, RBR+TVBR first reported on a decision by the FCC to reinstate the radio duplication rule for commercial FM stations. The rule reinstatement, which Republican Commissioner Brendan Carr opposed, came following a petition from the musicFIRST Coalition, Future of Music Coalition, and REC Networks.
Now we know the date a rule some see as unnecessary returns.
Following its publication in the Federal Register on July 3, the reinstated rule will officially take effect on August 2. From that day, FM licensees will have a six-month grace period — ending February 3, 2025 — to align their operations with the rule’s requirements.
But, are any FM radio stations impacted in any way?
Originally enacted in 1992 and repealed in 2020, the regulatory policy prevents stations that are commonly owned and have overlapping coverage from duplicating more than 25% of their programming. In an InFOCUS Podcast interview with RBR+TVBR, Foster Garvey Office Managing Director and Principal Brad Deutsch suggested the Commission’s reinstatement of the rule was akin to having a man in a doctor’s office wave his hands continuously to ward off “the elephants.” In other words, it’s a rule to prevent something that no logical radio industry leader would violate.
Nevertheless, the NAB has been outspoken in its concerns about the rule reinstatement, arguing that it could hinder FM broadcasters’ creativity and ability to adapt in a rapidly evolving digital landscape littered with new media competitors including streaming services and podcasters. Perhaps more central to the opposition from the NAB is its contention that the rule return could impose additional regulatory burdens, something it has been fighting against on behalf of broadcasters.
Should a station seek an exemption from the rule, there are guidelines the FCC has offered. In particular, there is an October 31 deadline for any waiver requests to the Commission. And, stations can continue to exceed the duplication limit while their waiver applications are pending. Should a waiver be ultimately denied, the FCC may allow an additional six months for stations to comply.
