FCC Proposes Updates to Broadcast Rules

At its final Open Meeting of 2024, the FCC on December 11 adopted a Notice of Proposed Rulemaking (“NPRM”) seeking comment on the elimination or updating of several rules applicable to broadcast stations, as well as other changes intended to clarify ambiguities and to make the rules consistent with current procedures.

The NPRM covers minor rule updates, including:

• Replacing references to the Consolidated Database System (CDBS), with references to the Licensing Management System (LMS);
• Updating Form Names;
• Updating inconsistent terminology referring to the Table of Assignments/Allotments;
• Removing obsolete television Incentive Auction rule language; and
• Consolidating rules for petitions to deny under Section 73.3584.

The FCC is also proposing to codify existing Commission interpretations and practices into the rules.  For example, the NPRM proposes to:

• Codify the current practice of interpreting Section 73.870(e) to mean that LPFM minor modification applications received on the same day will be treated as simultaneously filed;
• Update Section 73.807 to reflect the existing interpretation of the term “authorized” station as including construction permittees in addition to licensees;
• Codify when applicants for new NCE FM, NCE TV, or LPFM construction permits must give local public notice of their applications; and
• Codify the existing interpretation of the “Signature Rule” (Section 73.3513) allowing “directors” of corporations to sign FCC applications, and to expand the universe of who may sign an FCC application on behalf of a corporation, partnership, or unincorporated association to include a “duly authorized employee.”

With respect to more substantive revisions, the NPRM is proposing to:

• Amend Section 73.3587 (the “informal objection” rule) to require that informal objections and responsive pleadings be served by mail or email on contact representatives listed in the application or objection at issue. Under the current rule, such objections or pleadings are forwarded by FCC staff to the relevant applicant or objector, a process the NPRM notes is an inefficient use of FCC staff resources.  The NPRM proposes to limit responsive pleadings to one opposition and one reply and imposes filing deadlines of 30 days for oppositions to informal objections filed against license renewal applications, and 20 days for the party filing such an objection to reply to the opposition.  For all other proceedings, the NPRM proposes a deadline of 10 days to file an opposition to an informal objection and five days to reply to that opposition.  The NPRM also seeks comment on the penalty that should be imposed for failing to send a copy of a pleading to the applicant/objector.
• Eliminate Sections 73.3571(e)(1) and (2) of the FCC’s Rules, which currently require that AM radio stations request at least a 20% increase in nominal power when seeking a power increase. The current rule, adopted in 1985 to conform FCC rules with then-new international agreements with Canada and Mexico, put in place the 20% power increase threshold in an effort to reduce the processing burden the FCC expected would follow.  The NPRM tentatively concludes that electronic filings and other efficiencies have made application processing less burdensome and the power increase threshold unnecessary.
• Modify Section 73.807 of the FCC’s Rules to identify which applicants an LPFM applicant must protect when participating in a filing window for a new construction permit or modification of an existing authorization.
• Amend Section 73.1635 of the FCC’s Rules to remove language stating that initial requests for Special Temporary Authority (“STA”) for technical or equipment problems may only be granted for 90 days with a limited number of 90-day extensions. The proposed change would allow the full 180-day period typically granted for other STAs.

In addition to seeking comment about the practical impacts of the proposed changes, the NPRM asks for additional recommendations for modernization.  Comments will be due 30 days after publication of the NPRM in the Federal Register, and reply comments will be due 15 days after that.