WASHINGTON—The FCC’s call for public comments and suggestions on outdated regulations that it should be eliminated, has prompted a slew of fillings from broadcasters urging the agency to abolish its ownership caps and a host of other regulations.
The FCC’s deregulatory push and the creation of a docket for public comments called “In Re: Delete, Delete, Delete”, had made Docket 25-133 one of the most popular items on the agency’s website, with over 910 filings as of April 17. Those comments include lengthy filings and letters from the National Association of Broadcasters, the Society of Broadcast Engineers, State Broadcasting Associations, America’s Public Television Stations, PBS, Nexstar, Sinclair, Gray Media, Mission Broadcasting and many individual TV stations.
Our wrap-up of the filings from broadcasters begins with the NAB.
“If there was ever a proceeding tailor-made for broadcasters, this is it,” the NAB wrote in its filing. “Due to history – broadcast stations were the first regulated entities placed under the FCC’s purview – and a general lack of will, to date, the Commission has consistently failed to modernize, let alone delete, delete, delete, the myriad antiquated and ineffective rules that apply only to the nation’s free, over-the-air broadcasters…This is a major policy failure that NAB has long urged the FCC to correct."
“But now, with Delete, Delete, Delete, the Commission has an historic opportunity to correct course, bring rationality to its regulatory regime, and make television and radio broadcasting stronger and more competitive,” the NAB argued. “To be successful in this critical endeavor, however, the FCC’s first step must be eliminating the national TV ownership rule and local TV rules.”
The NAB also urged the FCC to reduce rules that impede the transition to NextGen TV, to sunset ATSC 1.0 broadcasts, update EAS rules and reduce paperwork and rules relating to children’s programming, EEO and other areas.
NEXSTAR
In its filing Nexstar, the nation's largest broadcast station group, submitted a host of letters from stations that Nexstar owns or has relationships with urging the Commission to eliminate television ownership regulations.
In one of those letters, Jerry Brehm, vice president and general manager of WTEN-TV & WXXA-TV in the Albany New York market urged “the Federal Communications Commission(FCC) to eliminate the current rules that: (l) place a cap on the percentage of the country's television households that a broadcast company may reach; and (2) limit the number of stations a broadcast company may own in any single local market. As the media landscape continues to evolve, these outdated regulations are hindering the ability of local broadcasters to compete against `Big Tech’ in what has become an increasingly digital and highly competitive marketplace dominated by a few giant platforms that have no meaningful connection to our local community.”
In the letter, Brehm noted that October of 2023 marked the 70th anniversary of WTEN-TV and in August 2022 was the 40th anniversary of WXXA-TV. These stations “provide over 65 hours of local programming to our community, free over the air, every week,” he wrote, adding that the station is heavily involved in the local market in its work with local charities and not for profits.
“Now imagine if the type of commitment softened or worse, went away,” because these local stations were unable to compete in the media landscape, he noted. “Who would cover our community. And we are simply just one market among many threatened by these outdated rules. We have made a commitment to our market, to local news and information and that simply can't go away.”
GRAY MEDIA
In its filing, Gray Media also cited the elimination of ownership caps and regulations as their top priority. In addition, Gray argued that the FCC commission should repeal or reform unconstitutional and ineffective programming mandates relating to Children’s programing, Foreign Sponsorship ID and requirements that local stations file lists of important local issues.
In the area of the Emergency Alert System, it asked the FCC to simplify and reduce regulations relating to false alerts.
Gray also argued that the Commission should repeal unauthorized and outdated reporting requirements relating to Equal Employment Opportunity Rules (47 C.F.R. § 73.2080), Biennial Ownership Reporting (47 C.F.R. § 73.3615) and Public File Requirements (47 C.F.R. § 73.3526)
“Gray welcomes this long overdue initiative to repeal excessive and counter-productive rules,” the filing said. “The Commission’s systemic over-regulation of local broadcast stations has its roots in the 1930s, when broadcast media was the technological disruptor. While these regulations have always been a millstone around the industry’s neck, they didn’t stop broadcasting from becoming the pre-eminent provider of news and information in local markets across the county. The harm these regulations caused to broadcasters’ competitiveness and efficiency was long hidden by the power of mass media and the absence of competitors that could micro-target programming and advertising to erode mass audiences. But that changed decades ago with the emergence of first cable television, then satellite television, and, finally and decisively, the Internet.”
“What didn’t change was the Commission’s appetite for more and more regulation of broadcasting,” Gray argued. “Most of these regulations target broadcasters only, while broadcasters’ chief direct competitors remain free to exploit an unlevel playing field, further eroding broadcast audiences and threatening vital local programming. About a year ago, Chairman Carr recognized this situation as creating a “break glass” moment for broadcast regulation. Gray agrees and hopes that this proceeding will be at least a first step to establishing a sensible regulatory regime for broadcasting that recognizes broadcasters are, on the one hand, only one of many voices in the local media landscape, but are also, on the other hand, the most reliable and most trusted provider of local news and information programming in the United States. If the Commission is to preserve this vital force in the American media landscape, it is going to have to – as Commissioner Carr put it – break some glass.”
SINCLAIR
In a wide-ranging filing with the Federal Communications Commission, Sinclair applauded the agency’s push towards deregulation while arguing that it must address a ““toxic combination of a rapidly changing competitive environment” and the “ossified regulatory burdens” that are harming broadcasters and consumers. “While there are a number of deregulatory steps the Commission can take to level the playing field and allow broadcasters to compete, by far the most important actions the Commission can take are the elimination of the local and national ownership caps and an expeditious proceeding setting a sunset date for ATSC 1.0,” the April 14 filing argued.
It also argued that the Commission should eliminate the simulcast and “substantially similar” requirements as well as other rules to “greatly reduce regulatory burdens and facilitate a timely transition” to ATSC 3.0.
In the filing Sinclair also called on the FCC to eliminate children’s programming reporting requirements; reduce public file and political file obligations; relax EEO program requirements and reduce other regulatory burdens. The complete filing can be found here.
MISSION BROADCASTING
In its filing, Mission Broadcasting submitted letters from executives at some of its stations urging the FCC to eliminate broadcast ownership rules.
One of those letters came from Chris McDonnell, vice president and general manager of WPIX in New York City, which has faced some serious regulatory scrutiny from the FCC over whether its relationship with Nexstar in retransmission negotiations violates current ownership rules. Last year, the FCC fined Nexstar and Mission over the violations, which Nexstar has disputed.
“On behalf of WPIX-TV NYC, I write as part of the In re: Delete, Delete, Delete proceeding to urge the Federal Communications Commission (FCC) to eliminate the current rules that (1) place a cap on the percentage of the country’s television households that a broadcast company may reach; and (2) limit the number of stations a broadcast company may own in any single local market,” McDonnell wrote.
“As the media landscape continues to evolve, these outdated regulations are hindering the ability of local broadcasters to compete against “Big Tech” in what has become an increasingly digital and highly competitive marketplace dominated by a few giant platforms that have no meaningful connection to our local community,” he wrote. After recently celebrating our 75th anniversary, PIX11’s storied brand is known throughout the Tri-State area as “New York’s Very Own.” Our team is deeply involved in our local communities where we currently air almost 70 hours of locally-produced content every single week. We are steadfastly focused on providing critical information to keep our loyal viewers informed, and safe, in New York and New Jersey. We also regularly partner with vital community groups such as St. Jude’s Research Hospital, The Hispanic Women’s Council, East Harlem’s Union Settlement, and the NYC Hispanic Chamber of Commerce, to name just a few.”
“Television viewers in communities across the United States depend on their local TV stations to provide them with important information that directly impacts their lives, including news, weather, sports, and often lifesaving emergency information. Local TV stations are often the first place people turn to for news and information and, increasingly, the only remaining source of local journalism,” he noted. “As local newspapers and radio stations go out of business or are forced to severely limit their operations or adopt a national format, the role local broadcasters play in disseminating accurate information is more important than ever. Still, local stations like this one are suffering because of archaic FCC rules and regulations that have no connection to current marketplace realities. In short, without regulatory relief, local television stations will be unable to continue making the kinds of investments necessary to produce the high-quality news and information programing upon which our viewers rely daily.”
“The reality of today’s media environment demands a reconsideration of legacy rules that no longer reflect the urgent situation hastened by the industry’s competitive dynamics,” he concluded. “We urge the FCC to take swift, decisive action in eliminating the restrictions on media ownership to ensure a level playing field that benefits both local broadcasters and the communities we serve.”
JOINT COMMENTS FROM STATE BROADCASTERS ASSOCIATIONS
A lengthy brief for associations representing broadcasters argued that a “more practical approach to broadcast enforcement is critically needed.”
It also backed the NAB's proposals for speeding the transition to ATSC 3.0 and modernizing ownership rules but said the Commission needed to go beyond those rules to address the "regulatory miasma" that "overwhelms individual broadcast licensees and any hopes they might have for growth, while slowly strangling an entire industry—a bureaucratic boa constrictor."
“The State Associations appreciate this opportunity to support the Commission’s efforts to relieve FCC regulatees of not just unnecessary regulatory burdens, but of those whose public benefits fall short of the costs they impose on broadcasters, thereby harming service to the public,” the brief stressed. “The media environment continues to evolve rapidly on a near-daily basis, and has already changed in tectonic ways unimaginable when most of these rules were adopted. In the face of these rapid changes, rather than wither away, many of the Commission’s broadcast rules have instead ossified, remaining stubbornly in place despite their utility having long ago ended. Because changes to these relics of a different time have become so overdue, dramatic deregulation rather than mere incremental adjustments are needed to meet the Communications Act’s overarching goal of preserving and promoting broadcast service to the public.”
“As they compete against an ever-growing array of unregulated audio and video services," the brief complained that broadcasters’ are required to "stand up complex and expensive compliance programs, especially where requirements are vague, liability is strict, and enforcement penalties are high, is becoming untenable. This dynamic is driving smaller operators from broadcasting while erecting a significant cost and knowledge barrier which blocks those interested in becoming a broadcaster, or pondering whether to invest in, or lend to, a broadcaster.”
To free up the industry, the Associations the brief said “the recent release of the Public Notice seeking comments on the National Association of Broadcasters’ request to cement a timeline for transitioning to ATSC 3.0 is a good start, and completing the pending Quadrennial Review aimed at harmonizing the Commission’s broadcast ownership rules with the media world in which broadcasters must exist is an equally important step. However, to stop there and go no farther would be to repeat the tragic error of the Newspaper-Broadcast Cross-Ownership Rule—a rule that was mooted by the demise of countless newspapers long before it was removed from the books. The Commission must act here before broadcasting finds itself also teetering on the brink.”
More specifically, the Associations called for the FCC to “eliminate the many unnecessary paperwork obligations related to (a) the Public Inspection File, (b) the recruiting, hiring and promotion of broadcast employees, (c) the reporting of station contracts, (d) the reporting of each children’s television program episode preemption, and (f) biennial ownership reports; and providing greater flexibility to broadcasters in meeting their growing Political File obligations.”
The full brief, along with the list of the 48 associations backing it, can be found here.
AMERICA'S PUBLIC TELEVISION STATIONS & PBS
A filing by America’s Public Television Stations and PBS said, “public television welcomes this opportunity to suggest deletion or modification of several unnecessarily burdensome rules applicable to noncommercial educational (“NCE”) television stations. These recommended updates would help public television stations focus scarce resources on the operations, infrastructure, and innovation necessary to serve their essential public service mission."
The filing focused on several areas that would “reduce the regulatory burden of various outdated non content rules.” Those included “73.1226 – Station Logs and Records” and several other related rules (73.1800 – General Requirements Related to the Station Log; 73.1820 – Station Log; 73.1835 – Special Temporary Records; and 73.1840 – Retention of Logs).
Those rules “mandate station logging and recordkeeping that are no longer necessary," the brief said. Similar rules also apply to TV translators (74.781) and FM translators (74.1265) and should be eliminated.
The filing also urged the FCC to get rid of 73.1870 relating to “Chief Operators.” “in light of the fact that the FCC has not required stations to have licensed “operators” for decades, and in light of changes in technology – namely, the automation of stations and advancements in the reliability of computer-controlled transmission systems – the formal position of `chief operator’ and the associated duties have become an unnecessary and outdated regulatory burden,” the brief said.
Ownership reports was another area ripe for deregulation the filing said. It noted that “73.3615 – Ownership Reports…requires broadcast stations to file ownership reports every two years on December 1 of odd-numbered years. However, other than in connection with a license transfer or transfer of station control, there is no reason why these reports should be required every two years. Inasmuch as the Commission’s multiple ownership rules do not apply to noncommercial broadcasters, tracking attributable holdings of the officers or board members of noncommercial licensees serves little regulatory value.”
The filing also requested that the FCC “modernize or delete the requirements of the outdated station identification rule” and it complained about problems with the FCC filing systems.
“The Commission should take whatever steps are necessary to increase the resiliency and reliability of its online filing systems and other public-facing technology,” the brief noted. “Public Television’s experience has demonstrated that station licensees (and Commission staff) often face a significant burden attempting to interact with the Commission’s systems due to unscheduled downtime or other issues. For example, stations regularly encounter difficulty attempting to upload materials to the Commission’s Online Public Information File system (which is an obligation that stations face at least quarterly). This regularly forces station staff to make multiple attempts to comply with their regulatory obligations, often at night or on weekends outside of work hours, at additional cost to stations and often to the exclusion of other important local work.”
The full filing can be found here.
THE SOCIETY OF BROADCAST ENGINEERS
In its filing, the SBE, a professional organization of television and radio engineers and those in related fields, with more than 4,500 members in 116 chapters worldwide, stressed that “through this proceeding, the Commission has the opportunity to provide meaningful relief to FM radio broadcasters by simply eliminating and modifying certain interference rules that have not kept pace with the state of modern radio receiver technology.”
The full filing can be found here.
