FCC Proposes 'Modernized' Public Notice Rules For Broadcast Applicants

Rule Change Proposed

The FCC has proposed new, "modernized" rules for the local public notice required to be given by broadcast applicants. The proposed rules would replace the requirement that the notice be published in a newspaper with notice to be given on a publicly accessible website with a direct link to the application. The proposal also simplifies and standardizes the requirements for on-air notice announcements, clarifies the notice requirement rules for international stations and LPFMs, and updates the rules for stations designated for evidentiary hearings.

Chairman AJIT PAI called the current rules "anachronistic" and added, "it strains credulity that TV and radio audiences would turn to a printed newspaper instead of the Internet as their first source for information about their local broadcasters. Second, the FCC has long since transitioned to electronic filing for most applications, copies of which are accessible through the FCC-hosted online public inspection file and other databases. And our website makes it easier than ever for the public to electronically file comments on applications. Finally, the FCC has in recent years eliminated the requirements to maintain a physical public inspection file and a main studio. In short, if the goal of the newspaper notice rule is to encourage public participation in the broadcast licensing process, the current rule fails on every count and indeed probably discourages public participation."

Commissioner MIKE O'RIELLY voiced some reservations about the proposal's requirement of standardized information in the notices, saying, "I have always considered it constitutionally suspect to require stations to conform their speech to a government-mandated formula and continue to have reservations over adopting script text within our rules," but he otherwise supported the move. And Commissioner GEOFFREY STARKS was pleased that the Notice of Proposed Rulemaking includes questions about whether some of the notices used in the TV repack procedure, including social media and mobile posts, were effective, retention of public interest and "issues at stake" descriptions in the notices, and whether disclosure of rulemaking should be mandatory.

« see more Net News