State Broadcaster Associations, Tribal Stations Against Online Public Filing for Radio
Some radio broadcasters and state broadcaster associations urged the FCC not to create an additional burden on radio stations by requiring them to provide public inspection files online, in comments in docket 14-127 on a public notice on whether to adopt such a rule for radio stations. Some public media entities argued against including noncommercial educational (NCE) stations in the regime. The notice also sought comment on whether to extend the requirement to cable- and satellite-TV operators. NCTA asked the FCC to explore how it can modify online filing rules to fit cable’s obligations.
The notice stemmed from a petition by Campaign Legal Center, Common Cause and Sunlight Foundation, which only asked for the requirements to be extended to cable and satellite-TV operators (CD Aug 11 p5). The Media Bureau included radio stations.
The original petitioners support a requirement for radio stations for the same reasons as TV stations and pay-TV providers, they said in joint comments (http://bit.ly/1llfzjH). Online disclosure of radio public files will provide “unquestionably substantial” public benefits, they said. With more radio stations than TV stations in each market, the public would have to visit many more stations to find the information it’s looking for “or to get a complete picture of political ad spending in a market,” they said. Online filing is easier for radio stations because it’s more efficient than the physical file, they said. The groups also said there are radio stations that already support the online filing requirement.
Native Public Media (NPM) bemoaned that the public notice “seeks, unnecessarily and prematurely, to expand the scope of this docket to include radio stations” (http://bit.ly/VTcGe4). With limited experience with the online public file database, especially with smaller market stations, “it is premature to consider adding 15,425 radio stations to the online public file mix at this stage,” it said. If the FCC decides to include radio stations in the online public file requirements, it should exempt noncommercial radio “on grounds that the burden on the often limited human and technical resources available to NCE radio stations far outweigh any resulting public benefit,” it said. NPM said many native-owned NCE radio stations operate on tribal lands that lack broadband access and such a requirement would “discourage and delay the creation of new Tribal Nations radio stations."
If rules are adopted for radio, they should be phased in over time, said Educational Media Foundation (http://bit.ly/1CasSsg). This would give stations with the fewest resources to comply with the rules the longest period in which to establish their compliance, it said. NCEs should be the last stations required to maintain online files, it said: It’s critical “to solve any issues with the online filing process before requiring NCEs to utilize resources in uploading online files.”
American Public Media Group supports putting radio station files online (http://bit.ly/1zSB8sY). It said its commitment to transparency “contributes to the public’s trust of APMG as a source of unbiased news journalism and culture programming.” The group commented as the parent entity of Classical South Florida, Minnesota Public Radio and Southern California Public Radio.
NAB supports a rulemaking requiring cable and satellite TV systems to post their public files online, but there are more logistical and practical issues to be addressed before the FCC extends it to radio stations, it said (http://bit.ly/1qbMTcU). The sheer number of radio and TV stations, along with cable- and satellite-TV, “could place a strain on the commission’s existing database, particularly during high volume filing times,” it said. Any possible NPRM should consider that the level of staffing and access to necessary resources to manage on online public file varies at full-power radio stations, it said. NAB also urged the commission to seek comment on how it can structure rules to account for practical problems with its database.
All 50 state broadcasters associations urged the commission to act on the initial petition filed by the public interest groups before it considers whether to extend it to radio stations. By limiting the request to pay-TV providers, the joint petitioners recognized the substantial burden that would be placed on FCC resources and online filing system if it were to extend the requirements to more than 15,000 radio stations at the same time, the associations said (http://bit.ly/1u515Ee). They also urged the FCC to improve its filing system to minimize technical problems. The system will face challenges resulting from filings by existing TV stations, new challenges if pay-TV filings are uploaded, “and enormous additional challenges,” if radio stations must do this, they said.
NCTA urged the FCC to examine how to tailor online file rules to cable’s specific public file obligations. Any requirements should be designed to minimize undue burdens on cable operators by focusing on providing relevant material online on a going-forward basis, “and avoiding requirements to upload existing voluminous files of little if any interest to the general public,” it said (http://bit.ly/VVrt7B). It urged the commission to consider using any upcoming rulemaking proceeding as an opportunity “to streamline and modernize its cable public inspection file rules to reduce unnecessary paperwork.” It makes little sense to require cable operators “to incur the costs of uploading material to the commission’s database that has outlived its usefulness to the public or is available to the public through other sources,” said NCTA. Replies are due Sept. 8.