Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 in the Matter of Broadcast Localism ) ) ) MB Docket No
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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Broadcast Localism ) MB Docket No. 04-233 ) ) ) ) ) ) REPLY COMMENTS OF ENTERCOM COMMUNICATIONS CORP. Kathleen A. Kirby Scott Woodworth WILEY REIN LLP 1776 K Street NW Washington, DC 20006 (202) 719-7000 Its Attorneys June 11, 2008 12860057.3 SUMMARY The record in this proceeding conclusively demonstrates that the vast majority of broadcasters are serving their local communities, that the regulatory changes proposed by the Commission are unnecessary, and that, in fact, they would serve to diminish localism rather than enhance it. Like the hundreds of broadcasters that have responded to the Commission’s inquiry regarding localism over the past four years, Entercom, one of the country’s largest radio broadcasters, provides concrete evidence to support the inevitable conclusion that there is no “localism crisis” in American broadcasting. To the contrary, localism serves as the lifeblood of the industry and the means through which over-the-air radio and television distinguish themselves from an ever-increasing number of other media. Those broadcasters that survive and thrive in today’s diverse and competitive media marketplace are those that best respond to the needs of their local listeners and viewers. The record contains thousands of examples of how broadcasters enhance their local communities through high quality programming and exemplary community service. Entercom is no exception. The Company is and always has been committed to becoming “a part of the neighborhood” in each and every market in which it operates. Entercom’s stations offer a tremendous amount of diverse, locally-responsive programming, including local news and information, local public affairs, local political coverage, local sports, local music, and public service announcements. Entercom’s local programming decisions are informed by the integral involvement of its station personnel in the community, whether through daily community interaction, charitable drives, remote broadcasts, interviews with community leaders, service on local boards, email and telephone communications and solicitation of feedback, personal appearances, the hiring of local employees or a host of other community outreach 12860057.3 activities. Its stations have served as lifelines in times of crisis, as community forums, as the place to hear new music or old favorites, as the force behind fundraisers that save lives, and as the place to hear breaking news or in-depth investigative reports. Entercom encourages the Commission to examine the extensive and comprehensive information about its station’s localism efforts provided in these comments. Indeed, the thousands of comments submitted in this proceeding to date are remarkably one-sided and overwhelmingly counsel that the Commission should reject its proposals to impose a far-reaching “localism” regulatory regime on stations. A large cross-section of the broadcast industry—ranging from some of the nation’s largest group owners to single station operators—oppose the FCC’s proposed approach. The unusually high levels of participation and uniformity of positions advanced in this proceeding reflect broadcasters’ real-world concerns that compliance with the Commission’s proposals would prove incredibly costly and unduly burdensome. These fears are particularly acute because of the intense competition that broadcasters face in today’s challenging media environment. On the other hand, only a very small number of commenters advocate the FCC’s proposals in this proceeding. Tellingly, even those parties that typically take a pro-regulatory stance before the Commission recognize that wholesale adoption of the proposals would be unnecessarily onerous. Further, those few parties that support additional regulation buttress their positions only with broad and unsubstantiated assertions which stand in stark contrast to the thousands of concrete examples of local service provided by broadcasters. The vast majority of commenters object to each of the specific proposals put forth by the Commission. The record makes it abundantly clear that there is no need to revisit regulations akin to those the Commission correctly discarded more than a quarter-century ago after 12860057.3 -ii- thoughtful and extensive analysis. Entercom agrees that renewal processing “guidelines” essentially would compel all stations to air minimum quantities of specified genres of local programming, would elevate quantity over quality, and would likely serve to diminish true local service. Similarly, the opening comments resoundingly confirm that government-mandated community advisory boards are not needed and would prove unworkable. In addition, commenters almost universally reject the idea that a stricter main studio rule would benefit localism. The rationales behind the Commission’s decision to relax this rule more than two decades ago have proven valid, and there are even more justifications for deregulation today. The concomitant costs associated with compliance would divert resources away from high quality programming, without demonstrable benefit. Finally, interested parties provide virtually no support for the FCC’s proposal to mandate 24/7 staffing. Again, the record leaves little question that this requirement would result in unmanageable costs while offering no defensible public interest benefit. In conclusion, the regulatory changes proposed by the Commission, if adopted, will resurrect rules substantially similar to and even more onerous than those that were discarded decades ago for sound policy reasons and based on an extensive factual record. The vast record in this proceeding confirms that there exists no basis for reinstituting such rules policies in the name of localism. It is incumbent upon the Commission to explain why the public would benefit from rules that the record overwhelmingly demonstrates would do more harm than good in local communities, are fraught with practical problems, and which effectively impermissibly regulate content and interfere with broadcasters’ editorial discretion. Entercom submits that the record does not support the Commission’s conclusions and thus it urges the Commission to abandon the proposals set forth in this proceeding. 12860057.3 -iii- TABLE OF CONTENTS I. INTRODUCTION AND SUMMARY................................................................... 1 II. ENTERCOM IS COMMITTED TO LOCALISM................................................. 3 III. THE RECORD IN THIS PROCEEDING OVERWHELMINGLY SHOWS THAT ADDITIONAL LOCALISM REGULATION IS UNNECESSARY. ...... 19 IV. THE TYPES OF GOVERNMENT-MANDATED SOLUTIONS ADVANCED IN THE LOCALISM REPORT ARE DEVOID OF ADEQUATE JUSTIFICATION, UNNECESSARY, AND WILL PROVE COSTLY AND INEFFECTIVE. .................................................................................................... 23 A. The Proposed Community Advisory Boards Would Be Impractical, Inefficient, Impossible to Enforce, and Unnecessary.............................................................. 24 B. The Commission Should Not Require Broadcasters to Staff Stations 24 Hours A Day........................................................................................................................ 29 C. The Commission Should Not Alter the Main Studio Rule. .................................. 33 D. The Commission Should Not Adopt A Local Programming Renewal Application Processing Guideline. ........................................................................................... 38 E. The Commission Should Not Limit Broadcasters’ Use Of “Voice Tracking.”.... 49 V. THE COMMISSION SHOULD NOT ADOPT ENHANCED DISCLOSURE REQUIREMENTS FOR RADIO ......................................................................... 50 VI. CONCLUSION..................................................................................................... 52 12860057.3 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Broadcast Localism ) MB Docket No. 04-233 ) ) ) ) ) ) REPLY COMMENTS OF ENTERCOM COMMUNICATIONS CORP. I. INTRODUCTION AND SUMMARY. Entercom Communications Corp. (“Entercom”) hereby submits its reply comments in response to the Commission’s Report on Broadcast Localism and Notice of Proposed Rulemaking (the “Localism Report”).1 Entercom, one of the largest radio broadcasters in the country, is the parent of twenty-three licensee subsidiaries that collectively hold licenses for 115 radio stations in medium and large markets.2 As the record overwhelmingly demonstrates, radio broadcasters are committed to serving their local listening audiences and their communities of license. Indeed, because its localized nature is one of the primary distinguishing characteristics of radio, stations must serve their communities of license and the surrounding areas where their signals are heard, or they risk becoming obsolete. As former FCC Chairman Quello recently noted: “The government 1 Broadcast Localism, Report on Broadcast Localism and Notice of Proposed Rulemaking, MB Docket No. 04-233, 23 FCC Rcd 1324 (rel. Jan. 24, 2008). On April 28, 2008, Entercom submitted comments in this proceeding in conjunction with a number of other station licensees. See Joint Comments of Broadcast Licensees (April 28, 2008). Entercom also submitted a separate Supplement on April 28, 2008. 2 See Exhibit 1. 1 12860057.3 mandating localism for broadcasters is like the government mandating breathing for human beings. Localism is the very life blood of broadcasting.