With Republicans retaking the White House and the US Senate, a seismic shift is coming for broadcasters. From the FCC to AM, Radio Ink discussed the most immediate regulatory questions raised by a second Trump presidency with veteran broadcast attorney Frank Montero, Managing Partner at Fletcher, Heald & Hildreth.
Radio Ink: Do you foresee a Republican-led FCC rolling back any radio regulations made in the past year like the FM duplication rule or Form 395-B collection?
Frank Montero: If we assume that Brendan Carr will be the new chairman under President Trump, I wouldn’t assume that this is going to be a repeat of Chairman [Ajit] Pai who immediately is going to do a deep dive into the broadcasting rules. In the past, Carr has not shown very much interest in broadcasting and I’m inclined to think that his primary focus is going to be in other areas, such as broadband or wireless communications.
He is clearly interested in foreign involvement in domestic media and telecommunications, so this could be of interest to him.
Radio Ink: Donald Trump has stated his desire to go after media outlets whose coverage he deems unfair to him. How credible is a threat from his Presidency to licensees?
Frank Montero: I do believe that Candidate Trump’s threats are credible and I could see a President Trump attempting to carry through on those threats. However, it would obviously face stiff opposition in terms of First Amendment freedom as well as the general jurisdictional limits of the FCC. Moreover, even the NAB has spoken out against his making such threats. Still, if we’ve seen one thing about Trump it’s that he is not deterred in his efforts by stiff opposition and seems willing to take his cases all the way to the Supreme Court when necessary.
Radio Ink: What effect do you see this having on the overdue 2022 Quadrennial Review and the current litigation around the 2018 review?
Frank Montero: Long-term, I think a Republican-led FCC will bode well for ownership deregulation under the Quadrennial Review and perhaps even a lifting of radio subcaps. However, I would not assume that broadcast ownership is going to be a primary focus of a Carr FCC administration. Commissioner Carr has not put great emphasis on broadcasting unless it’s to criticize broadcast outlets for their coverage of Donald Trump. I honestly don’t see broadcasting as being a major focus of a Chairman Carr.
Radio Ink: Is the AI Political Ad Disclosure NPRM dead in the water?
Frank Montero: My prediction would be that it’s not going to proceed forward as crafted. If we assume that Brendan Carr will be the new chair, my guess is that he will re-evaluate all the ongoing proceedings and I could see the Rosenworcel agenda being dismantled.
Radio Ink: With the Senate changing hands, should the AM Act fail to be brought to a vote in the current Congress, might it have a renewed chance under a Republican Majority Leader?
Frank Montero: I think so. I would feel optimistic about the AM Act’s chances under a Republican-led Senate.
Radio Ink: Commissioner Simington recently dissented over the FCC’s authority to punish pirate operators. Will we see a cooling on enforcement?
Frank Montero: I wouldn’t necessarily assume that. I think it’ll depend on what rules are being enforced. Commissioner Simington’s comments seem to have more to do with his perception of the agency’s jurisdiction than a willingness to enforce the rules. I could see a Republican-led FCC under a Donald Trump administration Focus on issues such as foreign influence in the media and political broadcasting issues.
Forecast 2025’s “Signals of Change: What’s on the Docket for 2025” panel is a must-attend for those needing to know what’s next for radio in DC. Led by Fletcher, Heald & Hildreth attorney Seth Williams, the session features David Donovan of the New York State Broadcasters Association, Robert Folliard from Gray Television, NAB’s Rick Kaplan, and Chris Ornelas of Beasley Media Group. Get insights into what broadcasters can expect from Washington in 2025 – reserve your seat NOW.
