On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on amending the FCC’s rules to allow for priority review of certain applications filed by “commercial and noncommercial radio and television broadcast stations that provide locally originated programming.” Specifically, the FCC proposes to prioritize review of applications for renewal, transfer, or assignment of license that meet the following conditions: (1) the application is not subject to “simple” or immediate processing because it is “complex: — i.e., there is a hold, petition to deny, or other pending issue that requires further staff review; and (2) the licensee certifies that it provides locally originated programming. The FCC seeks comment on this proposal and the following specifics of the proposal:
- Application Types Subject to Priority Processing
- The FCC proposes to extend processing priority only to certain applications for (1) renewal, (2) transfer, or (3) assignment.
- No other types of applications would qualify.
- Thus, applications to modify a construction permit, license applications, waiver requests, STAs, etc. would not be eligible for priority processing. The FCC seeks comment on whether to include any of these applications for priority processing.
- Only those renewal, transfer, or assignment applications with a hold, petition to deny, or other pending issue would be eligible for priority processing under this proposed rule.
- For example, priority processing could apply to an application where there is a licensee disclosure that they failed to comply with certain FCC rules, requiring additional FCC review before the application can be decided; applications where a petition to deny has been filed, requiring an FCC response; etc.
- Applications that do not have such a hold, delay, or petition involved will not be eligible for priority processing and will be processed under the standard method.
- Priority processing would not be available for radio translators or boosters or for TV translators, as they do not or only limitedly originate programming.
- The FCC proposes to extend processing priority only to certain applications for (1) renewal, (2) transfer, or (3) assignment.
- Local Market
- The FCC proposes to permit stations that certify they provide locally originated programming to receive priority processing. The FCC seeks comment on how to define local, including whether it should use the former main studio rule definition, whether to use the station’s service contour, or if there’s a better definition of local.
- Locally “Originated” Programming
-
- The FCC seeks comment on how to define “originated” locally for purposes of this new priority application review. The FCC proposes that any kind of activity involved in creating audio (radio) or video (TV) programming that occurs within the local market would be sufficient. This would include program scripting, recording at a studio or location in the local market, or editing. Programming that was made outside the local market could still qualify provided there is some other element of local creation. The programming could be produced by a third party, provided it was still locally produced.
- Repetitive or automated programs or time-shifted recordings of non-local programming would not qualify.
- Certification
- Licensees would be required to certify that they provide at least three hours per week of locally originated programming to obtain priority review. The FCC would add a question to each application form for which expedited processing would be available asking whether the licensee certifies, under penalty of perjury, that the station provided at least three hours per week of locally originated programming.
- In the case of applications involving multiple stations, every station in the application would be required to be able to meet the local programming requirement individually.
- The FCC seeks comment on this approach, whether to increase or decrease the amount of local programming, and for what period the local programming requirement should apply, among other things.
- Digital Equity and Inclusion
- The Commission seeks comment on how this proposal may “promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well as the scope of the Commission’s relevant legal authority.”
The NPRM raises a number of subjective implementation issues. For example, if a “complex” renewal application filed in the first of many successive, staggered FCC renewal application windows (these windows are spaced out every two months) does not include a local origination certification, must that application wait for processing until every complex renewal application with a positive local origination certification filed over the next two and half years or so gets processed in the priority lane?
Comment will be due 30 days after date of publication in the Federal Register.
Reply Comments will be due 60 days after date of publication in the Federal Register.
Please Contact Us if you have any questions.