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Federal Register/Vol. 85, No. 205/Thursday, October 22, 2020/Rules and Regulations

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Federal Register/Vol. 85, No. 205/Thursday, October 22, 2020/Rules and Regulations Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations 67303 FEDERAL COMMUNICATIONS Commission’s rules (the radio AM station in the same local area if COMMISSION duplication rule) to reflect technological either the AM or FM station operated in and marketplace changes over the past a community with a population of over 47 CFR Part 73 three decades. As noted in the 25,000. Based on its 12 years of [MB Docket No. 19–310 and MB Docket No. underlying Notice of Proposed experience observing the effects of the 17–105; FCC 20–109; FRS 17093] Rulemaking (NPRM), there have been radio duplication rule, the Commission significant changes in the broadcast delayed implementation of the Amendment of the Commission’s radio industry since the current version tightened 25% limit on smaller cities for Rules Regarding Duplication of of this rule, which restricts the approximately four years, establishing Programming on Commonly Owned duplication of programming on interim limits that prohibited FM Radio Stations; Modernization of commonly owned stations operating in stations from duplicating more than Media Initiative the same geographic area, was adopted 25% of average broadcast week in 1992. By today’s Order, we eliminate AGENCY: Federal Communications programming of a commonly owned AM the radio duplication rule for both AM station in communities over 100,000 Commission. and FM stations. This approach will ACTION: Final rule. and 50% of programming of a strike an appropriate balance between commonly owned AM station in fostering our public interest goals of SUMMARY: In this document, the communities over 25,000 but under promoting competition and diversity Commission eliminates the radio 100,000. At that time, the Commission and affording broadcast radio licensees duplication rule, which restricts the observed that ‘‘the public does not have greater flexibility to address issues of duplication of programming on to depend on non-duplication to add commonly owned stations operating in local concern in a timely fashion, facilitate digital broadcasting by AM diversity’’ when new broadcasting the same geographic area, for both AM frequencies remained available. But and FM stations to reflect technological stations, and ultimately allow stations to improve service to their communities. given ‘‘the virtually complete absence of and marketplace changes since the available [FM] channels as well as the current version of the rule was adopted Through this Order, we continue our efforts to modernize our rules and strengthened economic position of FM’’ in 1992. This approach will strike an stations, the Commission adopted a appropriate balance between fostering modify or eliminate outdated and unnecessary media regulations. tighter limit, finding that ‘‘the greatly our public interest goals of promoting diminished availability of FM channels competition and diversity and affording Background in communities of any substantial size’’ broadcast radio licensees greater 1. The Commission’s broadcast radio could inhibit programming diversity. It flexibility to address issues of local programming duplication rules have also noted again ‘‘the inherent concern in a timely fashion, facilitate evolved over time consistent with wastefulness of duplication,’’ i.e., that digital broadcasting by AM stations, and changes in the broadcast radio market. duplication of programming was an ultimately allow stations to improve The Commission first limited radio inefficient use of spectrum. This change service to their communities. programming duplication by commonly also made the city size criterion apply DATES: This rule is effective October 22, owned stations serving the same local both to the size of the city of the AM 2020. area in 1964 by prohibiting FM stations station as well as the size of the city of FOR FURTHER INFORMATION CONTACT: in cities with populations over 100,000 the FM station, rather than considering Jamile Kadre, Industry Analysis from duplicating the programming of a the size of the city of the FM station Division, Media Bureau, Jamile.Kadre@ co-owned AM station in the same local alone, as the previous rule had. fcc.gov, (202) 418–2245. area for more than 50% of the FM 3. In 1986, in response to a petition SUPPLEMENTARY INFORMATION: This is a station’s broadcast day. The for rulemaking seeking to exempt late- summary of the Commission’s Report Commission observed that it had never night hours when determining and Order in MB Docket Nos. 19–310 regarded program duplication as an and 17–105, FCC 20–109, that was efficient use of FM frequencies; instead, compliance with the radio duplication adopted August 6, 2020 and released it had allowed program duplication as, rule, the Commission eliminated the August 7, 2020. The full text of this ‘‘at best, . a temporary expedient to cross-service radio duplication rule document is available for public help establish the FM service.’’ entirely. It found that FM service had inspection online at https:// Accordingly, the Commission developed sufficiently to eliminate the docs.fcc.gov/public/attachments/FCC- envisioned ‘‘a ‘gradual’ process to end rule and that FM stations were fully 20-109A1.pdf. Documents will be programming duplication once the competitive, obviating the need to foster available electronically in ASCII, number of applicants seeking licenses the development of an independent FM Microsoft Word, and/or Adobe Acrobat. exceeded the number of vacant FM service through a requirement for Alternative formats are available for channels available in large cities.’’ At separate programming. The Commission people with disabilities (Braille, large that time, the Commission sought to further found that the rule was no print, electronic files, audio format, etc.) minimize the economic impact to radio longer necessary to promote spectrum and reasonable accommodations broadcasters from limiting programming efficiency because market forces would (accessible format documents, sign duplication. In particular, the rule lead stations to provide separate language interpreters, CART, etc.) may allowed for waivers upon a showing programming where economically be requested by sending an email to that programming duplication would be feasible and, where separate [email protected] or calling the FCC’s in the public interest. It further programming was not economically Consumer and Governmental Affairs provided that compliance would be feasible, duplication was preferable to a Bureau at (202) 418–0530 (voice), (202) monitored through the license renewal station’s reducing programming or going 418–0432 (TTY). process. off the air entirely in order to comply 2. In 1976, the Commission tightened with the rule. In reaching this Synopsis the radio duplication restriction to limit conclusion, the Commission noted that 1. In this Report and Order (Order), FM stations to duplicating only 25% of duplication could save costs for many we eliminate section 73.3556 of the the average program week of a co-owned AM stations experiencing economic VerDate Sep<11>2014 16:23 Oct 21, 2020 Jkt 253001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 67304 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations difficulties due to listeners switching to 5. As part of its continuing of Broadcasters supports elimination of FM. commitment to modernizing its media the rule as pertains to both AM and FM 4. In 1992, as part of a broad regulations, the Commission issued the stations, and REC Networks supports proceeding reviewing its national and NPRM initiating this proceeding in partial elimination of the rule as local radio ownership rules, the November 2019, seeking comment on pertains to AM stations and opposes Commission adopted a new radio the radio duplication rule and whether elimination of the rule as pertains to FM duplication rule limiting the it should be retained, modified, or stations. Kern Community Radio duplication of programming by eliminated. As we noted in the NPRM, opposes elimination of the radio commonly owned stations or stations the broadcast industry has changed duplication rules as to both AM and FM commonly operated through a time significantly since the Commission stations and offers several proposals for brokerage agreement in the same service adopted the current radio programming strengthening the rule. The NPRM also (AM or FM) with substantially duplication rule in 1992. In particular, sought comment on whether the radio overlapping signals to 25% of the significant growth in the number of duplication rule could implicate the average broadcast week. Principal radio broadcasting outlets, the advent of First Amendment to the U.S. community contours are defined as digital HD Radio, and the evolution of Constitution. However, no commenters ‘‘predicted or measured 5 mV/m new and varied formats in which to addressed this issue. disseminate programming (i.e., digital groundwave for AM stations and Discussion predicted 3.16 mV/m for FM stations.’’ satellite radio, streaming via station A time brokerage agreement generally websites, and mobile applications) have 7. As discussed below, we eliminate involves the sale by one radio licensee led to greater competition and section 73.3556 of our rules in order to of blocks of time to a broker who then programming diversity in radio provide radio broadcasters with supplies programming to fill that time broadcasting. Accordingly, we asked increased flexibility in programming and sells the commercial spot commenters to address several issues, decisions. We conclude that the costs of advertising to support it. In setting the including the impact of market forces on continued regulation of radio limit on programming duplication at programming consolidation and the programming duplication exceed the 25% of the total hours of a station’s impact of the radio duplication rule on benefits of regulation, which we believe average weekly programming, the the Commission’s public interest goals is no longer necessary. We find that the Commission sought to strike an of localism and diversity, as well as on unique technical and economic appropriate balance between affording spectrum efficiency.
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