FCC “Delete Delete” Docket Swamped With Broadcast Deregulation Proposals

Reply comments in the “In re: Delete, Delete, Delete” docket were due by April 28^th and, by any measure, the scope of comments filed urging elimination or modification of broadcast regulations is unprecedented.

A short sampling of those recommendations will give readers an appreciation for what may be considered and the changes that might result:

• Eliminate EEO reporting, outreach and audit requirements
• Eliminate biennial ownership reporting or only require a filing upon a material change in ownership
• Eliminate quarterly issues/programs list public file requirements
• Allow two or three business days instead of one to upload political file documents
• Modify children’s television
• Eliminate Rural Radio Policies when moving from rural to community near urban area
• Permit licensees to grant lenders a security interest in FCC licenses
• Allow for a primary station’s signal delivery to NCE fill-in and non-fill-in translators, whether or not commonly owned with the primary station, by any means
• Eliminate rule requiring reserved-band NCE Stations to protect Channel 6 TV
• Redefine FM translator minor change as any change where the interfering and protected contours of the existing and proposed sites overlap
• Eliminate or significantly reduced FM second- and third-adjacent minimum spacing requirements
• Eliminate rule prohibiting commercial TV stations from reaching, in the aggregate, more than 39 percent of the total number of TV households in the nation
• Delete all portions of the public file requirements that require broadcasters to upload documents to the online public file online that the Commission has in its possession
• Delete requirement to post a certification of compliance in online public file for airing license renewal announcements
• Eliminate EEO Form 395-B filing requirement
• Delete children’s television annual reporting requirement and replace with renewal application certification
• Eliminate or significantly reduce parameters for content to qualify as children’s television “core” programming
• Delete telephone broadcast rule informing recorded person that they are being recorded
• Eliminate FM Radio Duplication Rule
• Delete minimum efficiency standards that hamper AM stations from choosing antennas and locations that would optimize reach and lower station costs
• Eliminate rule that prohibits the transmission of a simulation of the EAS codes or Attention Signal and narrow application of the false EAS signal rule to the transmission of any false or fraudulent signal of distress that triggers an actual EAS alert
• Eliminate rule requiring a physical hardware ENDEC device to carry out the functions of monitoring for, receiving and/or acquiring, decoding and encoding EAS messages, and permit the use of a software-based system to carry out these functions

There are literally hundreds more similar or slightly varied proposals contained within docket comments.

So, what happens from here?  That is a very good question.  A number of scenarios are possible, including outright and immediate elimination of rules or rule sections, new rulemaking proceedings to consider rule modifications that lessen regulatory burdens, and perhaps even a suspension of some rule requirements while the FCC considers the necessity of certain rules.  Each of these actions could prompt opposition filings or legal challenges, leaving a somewhat chaotic picture for ongoing station regulatory requirements and compliance actions.

All broadcast licensees should pay close attention to this proceeding and any others stemming from this docket.