By Cameron Coats
DAYTON, OHIO — The NAB has formally requested to the FCC that it reconsider its recent decision to reinstate the FM Duplication Rule. The FCC’s decision, finalized in a June 2024 order, has sparked controversy and criticism from stakeholders within radio.
The NAB says the Commission “has no basis to reverse its initial judgment in this proceeding and willfully turned a blind eye to conducting any research,” in response to returning a rule that was initially repealed in 2020.
Commercial FM stations are now again restricted with overlapping coverage from more than 25% of their content.
As RBR+TVBR previously reported, the FCC turned back the clock, in a way, on June 10 in yet another controversial 3-2 party-line vote pitting Democratic victors against Republican dissenters. This vote saw the Rosenworcel Commission reinstate section 73.3556 of the Commission’s rules — the radio duplication rule — for commercial FM stations.
What does this mean for radio broadcasting companies across the U.S.? Why after more than three decades did the Commission on June 5 adopt this order on reconsideration?
To answer those questions and provide a full analysis of why the FCC restored a rule that dates to 1992, RBR+TVBR Editor-in-Chief Adam R Jacobson spoke with Foster Garvey Office Managing Director and Principal Brad Deutsch in a recent InFOCUS Podcast, presented by dot.FM. In the podcast, Deutsch likened the rule return to a wild man in a doctor’s office waving his hands incessantly to ward off the elephants, noting, “Well, there are no elephants, so it’s working!”
Indeed, other Washington insiders lamented the 3-2 vote by Democrats as regulatory bureaucracy, bringing back a rule that no one would likely violate.
To be clear, AM stations are exempt from this rule and can continue to air duplicated programming.
The 3-2 decision was influenced by the petitions from the musicFIRST Coalition, the Future of Music Coalition, and REC Networks.
As the FCC sees it, the rule’s restoration is designed to promote diversity and prevent monopolistic practices in radio programming.
The NAB disagrees, and says the FCC acted without proper justification and failed to consider the substantial changes in the broadcasting landscape that have occurred since the rule’s initial rescission.
The NAB also criticized the FCC for its lack of thorough investigation into the real-world effects of the rule change. Despite having the opportunity to evaluate the impacts over nearly four years, the FCC did not seek additional comments or conduct research into whether the feared negative outcomes – such as reduced local programming diversity – had materialized.
The NAB is urging the FCC to reopen the issue for comments to gather updated information and thoroughly evaluate the implications of its decision. They advocate for a decision-making process that is transparent, evidence-based, and considers the potential long-term effects on the broadcasting industry.
Continued debate over the FCC’s reversal of the FM Duplication Rule repeal underscores significant concerns about regulatory processes and the oversight of media diversity and competition.
FM licensees currently have until February 3, 2025 to align their operations with the rule’s requirements.
— With reporting by Adam R Jacobson
