The next round of regulations up for deletion by the Federal Communications Commission include a horde of AM- and FM-related regulations. Their present-day aspect is rather minor.
Many are from the 1970s and ’80s and govern aspects like transmitting power measurements, stereo broadcast measurements and affirming that 24-hour broadcasting is, indeed, legal.
But as the FCC continues to pledge to rid its rulebook of those that are “obsolete” and “unnecessary,” there are 98 rules it deems as such up for deletion at its August open meeting Thursday, via a direct final rule.
In its July meeting, it moved to remove 11 of its rules, but none was specific to radio.
Let’s take a look at what is on the chopping block.
Clearing out the rulebook
The following four rules date as far back as 1976:
- Equipment Requirements (73.58, 73.258, 73.558): These rules, originally from 1976, mandated that AM, FM and noncommercial FM stations install specific types of meters and gauges to measure transmitting power. With modern technology, the commission said, these requirements are no necessary.
- Stereo Broadcasting (73.297, 73.597): While FM stations could always broadcast in stereo voluntarily, these rules from 1983 required tests and measurements to be performed before any station could begin.
- Transmission Standards (73.1695): Dating back to 1984, this rule outlined a set of criteria the commission would weigh before adopting any new method for transmitting radio or TV signals. These included ensuring compatibility with existing systems, proven technical soundness, consumer impact, practicality for broadcasters and public benefit. Speculatively, it appears the commission wishes to streamline this process.
- 24-Hour Broadcast (73.1710): From 1978, this rule simply stated that broadcast stations were allowed to operate 24 hours a day — which the commission finds no longer necessary to explicitly state in the regulations.
Paring down the “reference” rules
A significant portion of the proposed deletions, specifically numerous rules between 73.4000 and 73.4280, are being removed because they are “unnecessary” and can even “cause confusion,” the commission said. The FCC explains that these rules:
- Are merely reference lists: They simply cite various FCC and court orders, other commission rules and federal statutes for convenience. The commission said that their removal won’t change the underlying policies.
- Are often outdated: Many of the documents referenced in these sections don’t reflect the most current FCC rules and policies, it said.
- Are redundant: Some rules simply cross-reference other existing rules or statutes. For example, the commission said that some point to competitive bidding procedures for broadcast stations or federal laws on cigarette advertising. Others are simply “reserved” sections with no content.
The road to deletion
Assuming the direct final rule passes on Thursday — with the current makeup of the commission, it seems like a safe assumption — the FCC plans to publish these direct final rules in the Federal Register, allowing for a 10-day comment period from interested parties.
Some observers, such as the D.C.-based nonprofit Public Knowledge, objected to the commission’s use of the direct final rule. The nonprofit said it “creates a dangerous path for bureaus empowered” by Carr to gut any rules it deems “obsolete, unlawful, anticompetitive or otherwise no longer in the public interest.”
If no significant adverse comments are received, these direct final rules will become effective 60 days after their publication in the Federal Register.
(Read the FCC’s Fact Sheet containing the rules marked for deletion as part of its direct final rule.)
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