Is This FCC Rule Really Needed Anymore?

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The Federal Communications Commission has released a Notice of Proposed Rulemaking asking whether to modify or eliminate the radio duplication rule. The rule limits AM or FM stations from airing more than 25% of total hours in an average broadcast week of duplicative programming. The rule applies to AM or FM stations with substantial contour overlap that are commonly-owned or subject to a time brokerage agreement.

The Commission adopted the radio duplication rule in 1992. Since that time, the industry has significantly changed. The number of radio stations has grown dramatically from 11,600 to 19,500, radio content offerings have expanded through websites and mobile apps, and through the Commission’s revitalization efforts, AM broadcasters can now use the FM band, with thousands of FM translator stations already authorized.

The NPRM asks whether the rule remains necessary to promote competition and programming diversity, or if allowing broadcasters additional programming freedom would better promote these goals.   Additionally, because radio broadcast spectrum is fully utilized and demand for spectrum continues to grow, the NPRM asks whether the rule remains necessary to promote spectrum efficiency.