Benefits, Burdens Identified in Online Political File Rules Proposed in NPRM

The FCC rulemaking proposing to extend the online public file obligations to pay-TV operators and radio stations could simplify some tasks for cable and small radio stations, but also could impose unnecessary burdens, some cable and radio attorneys said. The NPRM was released last week. The commission proposed ways to ease the burden of complying with such an obligation on its database, and Commissioner Ajit Pai urged the FCC to consider the limited resources available at smaller stations, including AM stations, when making any decisions.

The FCC proposed to exempt existing political file material from the online file requirement “and to require only that political file documents be uploaded on a going-forward basis,” it said. One benefit is to ensure that there will be less need for the public to visit the affected entities, “which will enable such entities to improve security and minimize risks to employees,” it said.

The commission intends to give entities sufficient time to become familiar with the online public file “before the effective date of any posting requirement,” it said. It also asked whether it should stagger filing deadlines by service.

The public has a right to this information, said Meredith McGehee, policy director of the Campaign Legal Center. Outlets shouldn't be allowed "to hide it from them in corporate offices in distant locales," she said in a news release. CLC, Common Cause and the Sunlight Foundation petitioned the FCC for the proceeding.

The FCC is clarifying that proof of performance and signal linkage logs aren’t required to be in the public file for cable operators, said Christopher Redding, a cable attorney at Baker Hostetler. This has been an issue for 10 years, he said. But requiring operators to provide information about the geographic areas they serve will be burdensome, he said, referring to the proposal requiring cable systems to provide ZIP codes and designated market areas they serve. Doing so by census blocks and ZIP codes would be an issue because those factors change, he said. “As systems grow or they’re interconnected and head ends are eliminated, then you would have to merge all that information again,” he said. “It’s not just a one-time entry of information.”

Pai said he will pay particular attention to feedback from small radio stations. The commission should do what it can to revitalize such stations, “particularly struggling stations in the AM band, not add to their difficulties,” he said in a statement.

NAB commended the FCC for recognizing in the NPRM that there are differing circumstances for small market versus large market radio stations "and the staffing challenges that are possible with this new rule," an NAB spokesman said. In initial comments, NAB suggested staggering the compliance dates for radio stations, he said. “It appears the FCC has taken a lot of those suggestions into the NPRM,” he said.

Although becoming acquainted with a new system could be difficult for some AM stations, putting files online could have benefits, said Steve Lovelady, a Fletcher Heald attorney. If an online system replaces having to keep paper files in the main studio, then it could, in some way, simplify their lives, he said. If certain filings are automatically uploaded to the public file, like applications and ownership reports, “that would be easier for them,” he said. Most AM stations have been around for years and have an established procedure that they follow, he said. “If they have to start uploading political ad sale information, then there’ll be a learning curve and it will be more burdensome for them to learn how to do that.”

For small-market AM stations, putting files online would require a lot of manpower for seldom requested information, said Bud Walters, president of The Cromwell Group. “In 40 plus years of broadcasting the only people wanting to see the public file have been FCC inspectors and candidates for public office.” By proposing to have files uploaded gradually, the FCC seems to make an attempt to accommodate smaller operators, Redding said. The FCC “said the right things” when it comes to taking smaller stations into consideration, he said. “But the question is what will they ultimately conclude?” Initial comments will be due 30 days after publication in the Federal Register, the commission said.