Each November, Radio Ink publishes our Broadcast Attorney Roundtable, rounding up the industry’s top legal minds to weigh in on regulatory challenges and opportunities in the year ahead. With political power changing parties, there’s plenty to talk about this year.
Radio Ink: With the knowledge that 2025 will bring a new presidential administration, what might be the most significant regulatory and legislative issues that radio leaders should be aware of?
The radio industry will have varying levels of opportunity on media ownership reform and exposure on the performance tax. The industry together with the NAB will press the case for a reasonable reckoning on streaming fees at the Copyright Royalty Board. Efforts to regulate Artificial Intelligence in the states, at the FCC, and in Congress will need to be closely monitored. And scuttling auto manufacturers’ attempts to remove AM radio from electric vehicles, if not resolved this Congress, will continue on the front burner. – Chris Ornelas, Beasley Media Group EVP/General Counsel
On the legislative side, I think the passage of the AM for Every Vehicle Act is important for radio. Many have expressed cynicism over this legislation, but anyone in radio knows the importance of the car dashboard, and if this tragically violent storm season has proven anything, it’s the vital role of radio during natural disasters. I represent the Puerto Rico Broadcasters Association and the Florida Association of Broadcasters, and when the power goes out and the batteries run out, storm victims run to their automobiles to listen to their car radios for as long as there’s juice in the car battery.
On another issue, I think we’ve yet to see the full impact of the Biden Administration’s decision to reclassify marijuana on the controlled substances list. While this does not legalize marijuana outright for recreational use, it does greatly reduce the risk of liability for radio broadcasters that elect to take such ads in states where marijuana is legal. – Frank Montero, Fletcher, Heald & Hildreth Managing Partner
Radio Ink: In June, the U.S. Supreme Court put an end after 30 years to the “Chevron deference,” which allowed regulatory agencies to wield significant power concerning policy. Now that it is done, will the courts soon see challenges to rules that many believe inhibit long-term broadcaster growth?
The Supreme Court’s decision in Loper Bright is undoubtedly a major shift, and one that could benefit broadcasters in the long run. However, I do not think it changes either the FCC’s calculus or NAB’s, as the FCC will still interpret statutes as they see fit, and NAB will continue to challenge Commission actions that are not well reasoned or violate the law.
The major difference will be that courts will no longer bless FCC interpretations of their authority if they are reasonable; courts will now make their own independent decisions about what the law means. With an FCC often resistant to change, this should be a positive development for broadcasters. – Rick Kaplan, National Association of Broadcasters Chief Legal Officer
Radio Ink: Innovations for Radio are always welcome. Allowing HD Radio digital multicast signals to increase their power is potentially significant for radio stations that haven’t done much with these “extra” channels for some 20 years. Could this be a potentially big move for Radio? What about FM booster geotargeting?
Allowing HD Radio digital multicast signals to increase their power is a positive development, especially for stations that haven’t yet maximized the potential of their additional channels. It creates a new opportunity to offer diverse content, and for stations like ours, which serve Spanish-language and multicultural audiences, it can provide a real boost in terms of reach and audience engagement.
GeoBroadcasting Services’ “ZoneCasting” is another interesting innovation. The ability to deliver different content to specific geographic areas, without disrupting the primary broadcast, could be a game-changer in terms of localizing programming and advertising. For radio, which has always thrived on local connection, this could open up new revenue streams and deepen listener engagement. As the industry continues to evolve, innovations like these allow radio to maintain its relevance by offering personalized and community-focused experiences. – Aleksandra Cuprys, Latino Media Network Chief Legal Officer
Catch the full roundtable in Radio Ink on Monday, November 11. Subscribe to our revamped print edition, digital edition, or both – click here. For a limited time, subscription prices are cut in half to celebrate our rebrand!
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.
