The NAB has formally requested the Federal Communications Commission reconsider its recent decision to reinstate the FM Duplication Rule. The FCC’s decision, finalized in a June 2024 order, has sparked controversy and criticism from stakeholders within radio.
The NAB says the Commission, “has no basis to reverse its initial judgment in this proceeding and willfully turned a blind eye to conducting any research,” in response to returning the rule that was initially repealed in 2020. Commercial FM stations are now again restricted with overlapping coverage from more than 25% of their content.
AM stations are exempt from this rule and can continue to air duplicated programming. This decision was influenced by the petitions from the musicFIRST Coalition, the Future of Music Coalition, and REC Networks.
The FCC claims the rule aims to promote diversity and prevent monopolistic practices in radio programming, however, the NAB disagrees, arguing that the FCC acted without proper justification and failed to consider the substantial changes in the broadcasting landscape that have occurred since the rule’s initial rescission.
The NAB also criticizes the FCC for its lack of thorough investigation into the real-world effects of the rule change. Despite having the opportunity to evaluate the impacts over nearly four years, the FCC did not seek additional comments or conduct research into whether the feared negative outcomes – such as reduced local programming diversity – had materialized.
The NAB is urging the FCC to reopen the issue for comments to gather updated information and thoroughly evaluate the implications of its decision. They advocate for a decision-making process that is transparent, evidence-based, and considers the potential long-term effects on the broadcasting industry.
Continued debate over the FCC’s reversal of the FM Duplication Rule repeal underscores significant concerns about regulatory processes and the oversight of media diversity and competition.
FM licensees currently have until February 3, 2025 to align their operations with the rule’s requirements.
