1. FCC Adopts New Rules Affecting All Issue Ads, Paid PSAs and Airtime Leases

On June 10, the FCC released a Second Report and Order adopting changes to its foreign government sponsorship identification rules to require significantly more diligence affecting more broadcast content.

• More diligence: Both stations and lessees/advertisers will be required to complete certifications to document that lessees/advertisers are aware of the rules and whether the content is being supplied by a foreign governmental entity. Lessees/advertisers can provide screenshots of searches in certain government databases in lieu of providing certifications.
• More content: The FCC reversed its previous decision concerning the application of the rules to advertising and held that political issue ads and paid public service announcements (PSAs) will be subject to the rules. Candidate ads and ads for commercial products and services that meet a specific definition in its rules will be exempt from the foreign sponsorship ID rules.
• NAB cannot predict the exact effective date of the new rules, but it may occur during this election cycle. We encourage all commercial broadcasters to carefully review the Second Order and consult with their counsel.
• NAB also plans to take further steps in this area. This may include a potential court appeal given the multiple legal infirmities in the Second Order, particularly with respect to the FCC’s decision to sweep in issue ads.

2. FCC Restores the Radio Duplication Prohibition for FM Stations

The FCC has reinstated the radio duplication rule for FM stations, which prohibits commercial FM stations from duplicating more than 25% of their programming if they are commonly owned and share overlapping coverage areas.

• The backstory: The Commission adopted the current version of this rule in 1992 to help promote programming diversity and the efficient use of spectrum.
• In late 2020, the Commission eliminated the rule for both AM and FM stations, having determined that AM stations needed relief given ongoing financial challenges, and that FM stations had no incentive to duplicate content and needed assistance in light of challenges arising from the COVID pandemic.
• Two music industry advocacy groups joined with a low power FM advocate to request reconsideration of the Commission’s 2020 Order as it pertains to FM stations.
• Why it matters: The FCC has granted that four-year old request for reconsideration, finding that reinstating the rule for FM is a “useful guardrail” that will encourage programming diversity and spectrum efficiency.
• The FCC further noted that its existing waiver process should adequately address the concerns of specific FM stations in “unique circumstances.” The Commission’s decision does not affect AM stations.

Questions? Contact the NAB Legal and Regulatory Affairs department if you have any questions or concerns about this development.

3. Political Broadcasting Handbook Now Available

📖 Log into your MyNAB account to purchase your Political Broadcasting Handbook online today -- $99 for nonmembers and $49 for members. This handbook addresses a station’s obligations during the entire political broadcasting season including:

• Determining whether a candidate is entitled to reasonable access or equal opportunities
• Calculating rates for political ads
• The proper sponsor identification of ads
• Record-keeping requirements for both candidate and noncandidate ads

Why it matters: Although the FCC’s basic political broadcasting rules have not changed significantly in several decades, the situations and circumstances in which stations must apply political broadcasting rules, such as online advertising, have evolved in recent years. Make sure your station is prepared this election year!

Questions? Email nabstore@nab.org.

4. Broadcasters Provide Award Winning Investigative Journalism

Across the country, local broadcasters' award-winning investigative news units uncover government corruption, question those in power and expose those who abuse their positions.

• Read more: On America's Stories, we rounded up some high quality investigative work stations have been doing.
• NAB shares these stories with legislators as an example of broadcasters’ important role in their communities. Send stories of your station’s vital service for inclusion to wearebroadcasters@nab.org.

5. NAB on the Move

Josh Pollack, senior vice president, Government Relations, NAB, recently gave a briefing on issues facing broadcasters at the Montana Broadcasters Association’s annual conference.