FCC Eliminates Main Studio Rule

As expected, the FCC today eliminated the broadcast main studio rule by a strict party line vote. Approving were Chairman Pai and Commissioners O'Rielly and Carr. Commissioners Clyburn and Rosenworcel dissented.

The Order retains the requirement that stations maintain a local or toll-free telephone number to ensure consumers have ready access to their local stations. Rationalizing that the rule was adopted nearly 80 years ago to facilitate community access to their broadcast stations and to facilitate input from community members and the station's participation in community activities, the rule's repeal signals the Commission's belief that community members can interact directly through alterative means such as e-mail, social media, and the telephone, and indeed, that may be more effective for the public.

Noteworthy is that the repeal also eliminates the main studio staffing requirement that requires the presence of two full-time licensee employees, one of whom must have been in a "top-four level" management position.

The rule elimination was almost universally supported, including by significant minority groups. The Commission believes that its elimination will produce substantial cost-saving benefits for broadcasters that can be directed toward such things as programming, equipment upgrades, newsgathering, and other services that benefit consumers and help with the survival of rural and small town broadcasters.

Key to this decision is the requirement that all radio broadcasters must have their public file online by March, 2018. Broadcasters who have not yet begun this transition should turn their attention to it now.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.